1. Dividing Employee and Employer Contributions
The QDRO must clearly differentiate between employee deferral contributions and any matching or discretionary employer contributions. In many 401(k) plans, employers only match a portion of the employee’s contributions and may offer additional profit-sharing or safe harbor contributions.
Be aware that employer contributions are often tied to a vesting schedule, which means not all of it may be eligible for division if the participant is not fully vested as of the date of divorce or the date referenced in the QDRO.

