1. Dividing Employee and Employer Contributions
401(k) plans are built using both employee and (sometimes) employer contributions. In a divorce, both components can be subject to division, though employer contributions may not be fully vested. The QDRO should clearly spell out how each type of contribution is being allocated—whether the division is 50/50, percentage-based, or a fixed dollar amount—based on what’s considered marital property in your jurisdiction.

