1. Dividing Contributions: Employee vs. Employer
Most 401(k)s consist of two types of contributions: employee deferrals and employer contributions. A QDRO for The Hunneman 401(k) Plan must clearly state whether both are being divided. Depending on the terms of employment, employer contributions may come with a vesting schedule (more on that next). When drafting a QDRO, it’s important to distinguish:
- Pre-marital vs. marital contributions
- Pre-tax (traditional 401(k)) vs. after-tax (Roth 401(k)) balances
- Whether earnings/losses should be included from the date of division through distribution

