1. Employee vs. Employer Contributions
401(k) plans like The Behavioral Center of Michigan 401(k) Retirement Plan usually have both employee contributions (money taken directly from paychecks) and employer contributions (such as matching or profit-sharing). A good QDRO should clearly state whether it covers just employee contributions, or both types.
Also, employer contributions often come with a vesting schedule. That means the employee may not own all of those funds yet. Only vested amounts can be divided in divorce. Make sure this is factored into the language of your order to avoid snagged benefits or rejection by the plan administrator.

