1. Employee vs. Employer Contributions
In most 401(k) plans, employees contribute a percentage of their paycheck, and employers may offer matching contributions. A QDRO must specify whether the Alternate Payee will receive:
- Only the employee’s contributions made during the marriage
- A share of employer contributions, if vested
- The investment gains or losses on those contributions
If the QDRO isn’t clear—or references unvested amounts that were forfeited—it could be invalidated or misapplied. Clarify what you’re dividing.

