1. Employee and Employer Contributions
With 401(k) plans, contributions are made by both the employee and often the employer. A typical QDRO will divide either a percentage or specific dollar amount of the participant’s balance as of a certain date. However, not all account balances are automatically subject to division.
Employer contributions may be subject to a vesting schedule. If part of the account is not vested at the time of divorce, the alternate payee (usually the ex-spouse) may not be entitled to it. Clear language in the QDRO is critical to avoid future disputes about which amounts were vested and eligible for division.

