1. Employer and Employee Contributions
401(k) plans are usually made up of two main types of contributions—employee deferrals and employer matches. It’s essential that the QDRO clearly defines whether both types are being divided. Employer contributions may include different rules based on what’s vested at the time of divorce.
If you’re dividing the full account, make sure the agreement includes:
- The total balance as of a specific date (often the date of separation or divorce)
- Allocation of any gains or losses after that date
- Language covering both vested and unvested funds, if applicable

