1. Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. However, not all employer contributions are immediately yours (or your spouse’s). The company may require years of service before those employer funds are fully “vested.” A QDRO should account for:
- Whether to include only vested employer funds or a percentage of them
- The vesting date or service years up to the cutoff date (often the date of separation or divorce)
If the order doesn’t clearly specify which contributions are to be divided and how, the administrator may reject it or apply rules you didn’t intend.

