1. Employee and Employer Contributions
Most 401(k) plans are funded with both employee deferrals and possibly employer matching or profit-sharing contributions. In your QDRO, you need to make clear:
- Whether the former spouse receives a portion of the total account or just specific contributions
- If the division includes employer matching or profit-sharing contributions
Important: Employer contributions may be subject to a vesting schedule. An alternate payee cannot receive unvested funds unless they become vested after the divorce date. Your QDRO must clarify whether the award includes only vested amounts or accounts for future vesting status.

