1. Dividing Employee vs. Employer Contributions
Typically, QDROs for 401(k) plans divide the account into marital and non-marital portions based on a specific date (like the date of separation). The marital portion usually includes both employee salary deferrals and any employer match or profit-sharing contributed during the marriage.
- Salary Deferrals: Always 100% vested. These are the easiest to divide once assigned through a QDRO.
- Employer Contributions: Often subject to vesting. Only the vested portion is available to divide under the QDRO—anything unvested remains with the employee and may be forfeited if they leave the company.

