1. Employee and Employer Contributions
In most 401(k) plans, employees contribute from their payroll on a pre-tax or Roth basis. Many plans also offer employer matching contributions, which may be subject to a vesting schedule. It’s important to specify in your QDRO:
- Whether you’re dividing the total account value or just vested contributions
- Whether employer contributions are included in the division
If the employer contribution isn’t fully vested, the non-vested portion may be forfeited. This affects the total share the alternate payee can receive.

