1. Dividing Employee and Employer Contributions
401(k) accounts are usually made up of two parts: contributions made by the employee and those made by the employer. A well-prepared QDRO must clearly state how both types of contributions are to be divided.
- Employee Contributions: Typically 100% vested and straightforward to divide as of the date of separation or divorce.
- Employer Contributions: Often governed by a vesting schedule. Only the vested portion may be divided. Any amounts not yet vested usually revert back to the plan if the employee separates before full vesting.

