1. Employee vs. Employer Contributions
401(k) balances typically come from two sources: the employee’s deferrals and the employer’s matching or profit-sharing contributions. A QDRO must determine whether both will be divided—and if not, how to treat each part.
Sometimes, employers restrict their contributions based on a vesting schedule. If an employee has unvested amounts at the time of the divorce, the QDRO needs to account for that by either excluding them or assigning future interests if they vest later.

