1. Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (which are always 100% vested) and employer contributions (which often follow a vesting schedule). If the participant’s employer contributions haven’t fully vested, the alternate payee won’t receive those unvested amounts—and that needs to be factored into your QDRO strategy.
We always recommend requesting a vested balance as of the date of divorce or the valuation date specified in the QDRO. Otherwise, both parties might be working off assumptions that don’t match reality.

