1. Dividing Employee and Employer Contributions
401(k) plans generally include:
- Employee salary deferrals (these are always 100% vested)
- Employer matching or discretionary contributions (these may be subject to a vesting schedule)
Your QDRO must distinguish between these and clarify how both vested and unvested employer contributions are treated. Typically, a divorcing spouse can only receive the vested portion of employer contributions as of the cut-off date specified in the order (often the date of separation or divorce filing).

