1. Dividing Employee vs. Employer Contributions
Most employees contribute to their 401(k) through paycheck deferrals. Employers may also match those contributions or make discretionary contributions up to IRS limits. In the QDRO, you’ll need to decide whether the alternate payee will receive a share of both employee and employer contributions or just the employee portion.
Many employer contributions in General Business plans like this one are subject to vesting. If you’re dividing the account based on a percentage earned during the marriage, your QDRO should be clear about whether you’re only including the participant’s vested benefit or also addressing potential future vesting rights.

