1. Employee vs. Employer Contributions
A QDRO must clearly outline which parts of the account are to be divided. In a 401(k) plan like this, you typically deal with both employee contributions (from payroll deductions) and employer contributions (profit-sharing or matching funds).
Be aware that employer contributions may be subject to vesting. If the marriage ended before full vesting, only the vested portion is divisible. An experienced QDRO attorney will contact the plan to get a breakdown of vested vs. non-vested funds as of the division date.

