1. Employee vs. Employer Contributions
This 401(k) plan likely includes both:
- Employee Contributions: These are fully vested and always belong to the participant.
- Employer Contributions: These may be subject to a vesting schedule, which means only part may be available at the time of divorce depending on years of service.
Only vested employer contributions can be divided in the QDRO. The order should clearly specify what percentage or dollar amount applies, and whether the division applies to employee contributions, employer matches, or both.

