1. Employer and Employee Contribution Division
401(k) plans are funded by both employee deferrals and employer contributions. In your QDRO, it’s critical to specify whether the division includes:
- Employee contributions only
- Employer contributions as well
- Earnings and losses on all contributions
Failing to clarify this can lead to disputes or delays. If employer contributions were made during the marriage, but the employee wasn’t vested, those amounts may or may not be includable depending on the court order and plan rules.

