1. Employee vs. Employer Contributions
This 401(k) plan likely includes both employee deferrals (which are always fully vested) and employer contributions, which may be subject to a vesting schedule. When you’re drafting a QDRO, it’s essential to specify whether the division includes only vested amounts or if unvested contributions at the time of divorce will become eligible in the future. Timing matters greatly here—if the participant isn’t vested yet in certain employer contributions, the alternate payee may never receive that share.

