1. Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. When writing your QDRO, it’s important to clarify which portion the alternate payee (usually the ex-spouse) will receive.
- Employee contributions are always 100% vested.
- Employer contributions may be subject to a vesting schedule—meaning not all funds may be claimable if the participant hasn’t been at the company long enough.
Without a clearly defined split, you risk under- or over-allocating assets, which can trigger administrative rejection of your order.

