1. Employee Contributions vs. Employer Contributions
In most 401(k) plans, the account includes both employee contributions and employer matches. A QDRO must determine whether to divide the total account or just part of it. If you’re the alternate payee (typically the non-employee spouse), be sure to clarify whether you’re also entitled to a share of the employer contributions.
Employer contributions often come with a vesting schedule, which affects how much of that portion is legally available to divide. If the participant is not fully vested at the time of divorce, the alternate payee may receive less than expected.

