401(k) Contribution Types
This plan is a 401(k), which means it likely includes employee elective deferrals, employer matching or profit sharing contributions, and potentially Roth contributions. Each of these accounts must be treated properly in a QDRO:
- Employee Contributions: These are typically fully vested and easily divided.
- Employer Contributions: These may be subject to a vesting schedule, which impacts what the alternate payee (ex-spouse) is entitled to.
- Roth Contributions: Special care must be taken to prevent tax consequences. Roth portions retain their tax-free status if handled properly in the QDRO.

