1. Employee and Employer Contributions
The balance in a 401(k) plan like the First Commercial Bank 401(k) Profit Sharing Plan typically includes two types of contributions: those made by the employee, and those contributed by the employer. The QDRO should specify whether both types of contributions are to be divided, and whether the split applies only to contributions made during the marriage. If the employer’s contributions are subject to a vesting schedule, this needs to be addressed explicitly—especially if some of the funds aren’t fully vested yet at the time of divorce.

