1. Splitting Employer and Employee Contributions
401(k) plans contain both employee contributions and often, employer matching or profit-sharing contributions. Some of those employer contributions may not be fully vested if the participant hasn’t met the service requirements at the time of divorce.
Your QDRO should address:
- Whether to divide only vested balances or include unvested funds subject to later eligibility
- The exact account date used for valuation (commonly the date of separation or divorce filing)
- Whether gains and losses on the allocated portion are to be included through the distribution date

