1. Contributions: Employee vs. Employer
With 401(k) plans, both the employee and the employer can contribute. A QDRO can cover either or both types of contributions, but you’ll need to be clear. The Catholic Social Services of the Miami Valley 401(k) Plan likely includes traditional pre-tax contributions and possibly Roth contributions—which we’ll get to in a bit.
Employee contributions are always 100% vested. However, employer contributions may be subject to a vesting schedule—meaning your spouse’s right to keep those funds grows over time. If only a portion is vested at the time of divorce, a QDRO can only divide the vested portion.

