1. Employee vs. Employer Contributions
401(k) plans usually include both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). A QDRO should clarify:
- Whether both employee and employer contributions are being divided
- Whether only vested employer contributions are included in the division
If the participant is not fully vested in the employer contributions, the QDRO needs to reference how unvested funds should be handled—often, they are excluded until they vest.

