1. Employee and Employer Contributions
Generally, contributions to a 401(k) include amounts put in by the employee and any matching or discretionary contributions from the employer. The QDRO needs to clearly state whether you’re dividing just the employee’s contributions, or also the employer’s match.
For example, if the plan includes matching contributions but has a vesting schedule, you may only be entitled to the vested portion. The QDRO should reflect that by tying distribution dates to the actual value on the date of division or the final date where contributions have vested.

