1. Employee vs. Employer Contributions
When dividing a 401(k) plan like the H & D Underground 401(k) Plan, it’s common for QDROs to allocate a percentage or dollar amount of the employee’s account as of a certain date—typically the marital separation or divorce filing date.
Employer contributions can be trickier, especially if they are subject to a vesting schedule. Only the vested portion may be available for division. Make sure the QDRO clearly states whether it includes both employee and vested employer contributions.

