1. Employee vs. Employer Contributions
401(k) plans typically have both employee contributions (your spouse’s payroll deductions) and employer contributions. The QDRO must specify how both are divided.
- If only the employee’s contributions are marital (e.g. if employer contributions haven’t vested yet), the QDRO should state that clearly.
- Employer contributions may be subject to a vesting schedule. If certain portions aren’t vested by the date of divorce, those funds may be excluded.

