1. Employee and Employer Contributions
401(k) accounts usually include two types of contributions:
- Employee Contributions: Made directly by the participant; these are always fully vested.
- Employer Contributions: Often follow a vesting schedule (see below).
The QDRO must distinguish between these. For instance, if the divorce takes place before full vesting, some employer contributions may not be divisible. A well-prepared QDRO will only divide the vested portion and exclude the unvested portion, or specify how future vesting will be handled.

