1. Employee vs. Employer Contributions
401(k) plans often include both employee contributions (money deducted from the worker’s paycheck) and employer contributions (matching funds or profit-sharing). Typically, both types of contributions are fair game in a QDRO. However, only vested employer contributions may be divided.
Make sure the QDRO reflects only the vested balance as of the plan’s division date. Amounts that haven’t vested—such as funds subject to a five-year vesting schedule—generally remain with the employee spouse.

