1. Employee vs. Employer Contributions
In most 401(k) plans, employees contribute a percentage of their pay, sometimes matched by the employer. In a QDRO, you can typically request a percentage or dollar amount of the total balance as of a specific date (often the date of marital separation or divorce judgment).
For employer contributions, find out if anything remains unvested. The alternate payee cannot usually receive any unvested employer portions. Be sure the QDRO specifically accounts for these differences.

