1. Employee and Employer Contribution Splits
401(k) accounts often include a combination of employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). A well-drafted QDRO should clearly define whether the non-employee spouse is receiving a portion of:
- Just the employee contributions
- Both employee and vested employer contributions
- All contributions, including unvested amounts (if future vesting is considered)
The language must be precise. Some plans will reject orders that reference future vesting or unvested funds.

