1. Employee and Employer Contributions
In many 401(k)-style plans, the employee elects to defer a portion of their wages into the account, sometimes on a pre-tax (traditional) or after-tax (Roth) basis. Employers may also contribute matching or discretionary funds. During division, both employee and employer contributions are typically subject to marital division—but employer contributions may be subject to vesting.
If your QDRO doesn’t account for the vesting schedule or fails to distinguish between vested and unvested contributions, one party may end up with more—or less—than they should.

