1. Employee Contributions and Employer Matches
Most 401(k) plans have both components: the employee’s own salary deferrals, and employer contributions (sometimes in the form of profit-sharing). In a divorce, the QDRO can award a portion of either or both parts to the alternate payee.
The tricky part? Employer contributions usually have a vesting schedule—meaning not all contributions are immediately owned by the employee. Your QDRO must clarify what is to be divided and specify whether it includes only vested assets or both vested and unvested balances. A poorly worded QDRO risks leaving one spouse empty-handed.

