1. Dividing Employee and Employer Contributions
401(k) accounts usually include contributions from both the participant and the employer. One challenge that often arises is figuring out which of those funds are actually divisible. If your spouse wasn’t fully vested in their employer contributions at the time of separation or divorce, a portion of the employer-contributed funds may not be awarded — or may be forfeited entirely if they leave before becoming fully vested.
A proper QDRO will distinguish between vested and non-vested portions and clarify how each is treated. A good drafting approach might include language that limits the award to only vested funds as of the date of divorce or separation.

