1. Employee vs. Employer Contributions
In most 401(k) plans, both the employee and employer contribute. These should be treated separately in the QDRO. Many mistakes happen when orders only divide the total balance without clarifying whether both employee and employer contributions are included. Make sure your QDRO states whether the alternate payee is receiving:
- Only employee contributions
- Both employee and employer contributions, including matching
This matters even more in cases where employer contributions are subject to a vesting schedule.

