1. Employee vs. Employer Contributions
401(k) plans typically include:
- Employee contributions: Fully vested and usually divisible in QDROs.
- Employer contributions: Subject to a vesting schedule. Unvested amounts may be forfeited if divorce occurs before full vesting.
It’s essential to clarify which portion of the account is marital property and whether employer contributions are fully vested at the time of division. A QDRO prepared without this detail can result in the alternate payee receiving less than expected.

