1. Employee and Employer Contributions
One of the most important distinctions in a 401(k) QDRO is how contributions are divided. Employee contributions are usually 100% vested right away. However, employer contributions may be subject to a vesting schedule. That means only a portion—or possibly none—of the employer’s contributions may be available for division depending on the length of the employee’s service with the company.
Each party’s share must be clearly outlined. For example, the alternate payee may receive 50% of the participant’s vested account as of a certain valuation date. If there’s unvested employer money, it may be excluded or only partially included, depending on the specifics of the plan document.

