1. Employee vs. Employer Contributions
Most 401(k) plans involve both employee and employer contributions. Often, employees are 100% vested in their own salary deferrals but may have a vesting schedule for employer contributions. A QDRO can only divide vested amounts. If the participant is not fully vested in employer contributions at the date of divorce, the alternate payee may receive less than expected.
You should clarify in the settlement agreement or QDRO whether the split includes only vested amounts or future vesting. Courts rarely award a share of non-vested funds that may be forfeited later.

