1. Allocation of Employee and Employer Contributions
401(k) plans generally consist of two types of contributions—those made by the employee and those made by the employer. In many QDROs, the marital portion (the portion accumulated during the marriage) is divided. Employer contributions may be subject to a vesting schedule, and unvested amounts may not be immediately available to divide.
It’s important to specify whether the QDRO will include employer contributions or only employee-funded amounts. Failure to clarify this could lead to problems when the order is implemented.

