1. Employee vs. Employer Contributions
401(k) accounts are made up of two types of contributions:
- Employee Contributions: Money the participant personally set aside from their paycheck. These are always 100% vested and easy to divide.
- Employer Contributions: Match or profit-sharing funds added by the employer. These may be subject to a vesting schedule, meaning not all amounts are owned by the participant yet.
Your QDRO must clearly specify how to handle employer contributions—whether to divide only the vested portion or include future vesting. Failing to mention this can lead to disputes or denied distributions.

