1. Employee vs. Employer Contributions
401(k) plans typically include two types of contributions: those made by the employee and those made by the employer (sometimes in the form of a match). When dividing the account, it’s essential to specify whether the award to the former spouse includes:
- Only the employee contributions
- The employee and vested employer contributions
- All contributions, whether vested or not
If the QDRO attempts to divide unvested employer contributions, the alternate payee may lose that portion if it doesn’t become vested before the participant separates from the company. PeacockQDROs works to draft orders that consider vesting rules to avoid confusion or overpromising benefits that may never become payable.

