Types of Contributions to Consider
One of the main tasks in a QDRO for a 401(k) is to divide contributions properly:
- Employee Contributions: These are typically 100% vested immediately and can usually be divided without issue.
- Employer Contributions: May be subject to a vesting schedule. Unvested contributions as of the cut-off date (e.g., date of separation) should not be awarded to the alternate payee.
- Roth Contributions: These are treated differently for tax purposes, so your QDRO needs to specify how Roth versus traditional (pre-tax) dollars are handled.

