1. Employee vs. Employer Contributions
401(k) accounts have two types of contributions: employee deferrals (from the participant’s paycheck) and employer matching or profit-sharing contributions. In divorce, some QDROs only divide the employee contributions, while others include both. You’ll want to be clear about what’s being divided.
For example, if the employer’s contributions haven’t fully vested, the alternate payee may not get that portion. It’s vital to identify how the plan handles unvested balances and draft accordingly.

