1. Employee and Employer Contribution Division
This 401(k)-type plan likely includes both employee (participant) salary deferrals and employer matching or profit-sharing contributions. When writing a QDRO, it’s critical to distinguish between these sources. We recommend allocating based on a percentage or dollar value as of a specific valuation date — often the date of divorce or separation.
If the employer contributions are not yet vested, they should be excluded from the division, unless and until they vest. Ask the plan administrator for the participant’s current vesting status before drafting your QDRO.

