1. Employee vs. Employer Contributions
401(k) accounts usually include:
- Employee Contributions: Generally fully vested and subject to division in divorce.
- Employer Contributions: May be subject to a vesting schedule. Only vested amounts can be divided through a QDRO.
In a QDRO for the Submittable 401(k) Plan, the division language should clearly state whether both employee and employer contributions are included, and whether division is based on balance as of a specific valuation date (like the date of separation or divorce).

