1. Contributions: Employee vs. Employer
401(k) plans consist of two main types of contributions:
- Employee Contributions: Always 100% vested and can be divided without limitation.
- Employer Contributions: Subject to vesting schedules. Only the vested portion will be available for division.
During the QDRO drafting process, it is essential to obtain a vesting statement from the plan administrator to confirm which portion of the employer contributions are subject to inclusion. If not handled correctly, the non-employee spouse might receive less than expected—or face rejection from the plan administrator.

