1. Employee vs. Employer Contributions
Many 401(k) plans include both employee salary deferrals and employer matching or discretionary contributions. The QDRO must address how both components are divided. Typically, you’ll divide the total vested balance as of a certain date.
However, if there are significant employer contributions or forfeitures that haven’t vested, it’s important to understand what will and will not be available to the alternate payee. The plan’s vesting schedule will determine how much of the employer contributions the participant actually owns.

