1. Dividing Employee and Employer Contributions
401(k) accounts commonly contain both employee deferrals and employer contributions. Your QDRO should clearly state whether the alternate payee (the spouse receiving the divided share) is entitled to just the participant’s contributions, only vested employer contributions, or both.
Keep in mind: employer contributions may be subject to a vesting schedule. If the participant isn’t 100% vested at the time of divorce, the alternate payee’s share could be adjusted accordingly.

