1. Employee and Employer Contribution Splits
Most QDROs divide the account based on a percentage or dollar value. But it’s important to understand that 401(k) plans often include both employee deferrals and employer matching contributions. Those employer contributions may be subject to a vesting schedule—meaning the employee may not own all of what’s been contributed on their behalf.
The QDRO should clearly specify whether the division includes only vested amounts or attempts to divide unvested portions as they vest. This is a big decision, and it’s often negotiated during the divorce.

