1. Contribution Types: Employee Contributions vs. Employer Matching
401(k) plans typically include both employee contributions (which are always fully vested) and employer matching/profit-sharing portions (which may be subject to vesting schedules). In this plan, it is essential to distinguish between these sources when drafting the QDRO. The order must specify whether the alternate payee receives a share of all sources or only the vested portions as of a certain date (usually the date of separation or divorce).

