1. Division of Contributions: Employee vs. Employer
401(k) plans usually include both employee contributions (which are always 100% vested) and employer matching or profit-sharing contributions. Employer contributions may be subject to a vesting schedule. If the employee has not fully vested, part of the total account may be off-limits to division. The QDRO must specify whether the Alternate Payee is awarded a portion of all plan funds or only the vested balance.

