1. Employee vs. Employer Contributions
401(k) accounts typically include both employee contributions and employer contributions (which may be matching or discretionary). The QDRO must spell out:
- Whether both types of contributions are included in the benefit division.
- Whether the division is based on the account balance as of a specific date (such as the date of separation or divorce).
In many cases, employers impose a vesting schedule on matching contributions. That brings us to our next point.

