1. Dividing Contributions
Most 401(k) plans include:
- Employee Contributions: These are always 100% vested and available for division.
- Employer Contributions: These may be subject to a vesting schedule. A QDRO can only divide vested funds.
The QDRO should clearly separate each type of contribution, as each may have different vesting rules and payout options. If dates of service come into play (for example, if the marriage covered only a portion of the employment), you’ll want to specify proportionate division methods—like the “coverture formula.”

