Employee and Employer Contributions
401(k) plans often contain both employee contributions (fully vested) and employer contributions (which may be subject to a vesting schedule). In many plans, only vested employer contributions are divisible under a QDRO. It’s important to:
- Specify whether the QDRO applies to employer contributions, employee contributions, or both
- Clarify the valuation date—such as the date of separation, date of divorce, or a specific plan statement date
- Account for market gains and losses from the valuation date to the date of distribution

