1. Employee and Employer Contributions
With 401(k) plans, the account grows through both employee deferrals and employer contributions. In many divorces, the QDRO will award a marital portion based on a percentage of the balance accumulated during the marriage. But it’s essential to specify whether that includes just the employee’s contributions or also the employer match.
Employer contributions could be subject to a vesting schedule. If some of the company match is unvested at the time of division, the QDRO should specify what happens if the participant later forfeits that amount.

