1. Employee and Employer Contributions
401(k) assets typically include both employee deferrals and employer contributions. The QDRO should specify whether the award includes:
- Only the employee’s contributions made during marriage
- Employer contributions made during the marriage
- All contributions regardless of timing
Since vesting schedules may apply to employer funds, it’s critical to clarify what’s marital property. If the employee wasn’t fully vested at the time of divorce, some employer contributions may not be eligible for division under the QDRO.

