1. Employee vs. Employer Contributions
In most 401(k) plans—including this one—both an employee and the employer may contribute to the account. When dividing the plan assets, you need to clarify whether the QDRO covers just the employee’s contributions, or if it also includes the vested portion of the employer contributions.
For example, if the employer has contributed 10% of pay per year, but you, as the alternate payee, are only entitled to vested amounts as of the date of divorce, the plan’s vesting schedule comes into play. Some employer contributions may not be vested yet—and unvested amounts typically cannot be awarded in a QDRO.

