1. Employee vs. Employer Contributions
Most 401(k) plans, including this one, have both employee deferrals and employer match contributions. In divorce, it’s critical to determine whether employer contributions are fully vested. If they’re not, the alternate payee is only entitled to the vested portion as of the date of division, typically the date of separation or divorce judgment.
The QDRO should specify whether both employee and employer contributions are included and account for future vesting if applicable.

