1. Employee vs. Employer Contributions
In 401(k) plans, your total balance often includes money you contributed and money your employer contributed. When drafting your QDRO, you should specify whether the division includes both employee and employer contributions. In divorce, these are typically considered community or marital property if earned during the marriage.
However, the employer contributions may be subject to a vesting schedule, meaning not all of it may be legally available to divide.

