1. Dividing Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. The QDRO should clearly state whether the alternate payee is awarded a portion of just the employee contributions, employer contributions, or both.
Sometimes only vested portions of employer contributions are divisible. If one spouse is awarded unvested amounts, be aware that those may revert back to the plan if the participant leaves employment before those funds vest.

