Employee and Employer Contributions
401(k) balances often include both employee salary deferrals and employer matching or discretionary contributions. The QDRO must specify whether the Alternate Payee receives a portion of both, and over what time period. If you’re dividing only marital contributions (i.e., during the marriage), you’ll need accurate statements and dates to determine the correct percentage or amount.
Be cautious with employer contributions—they may be subject to a vesting schedule. An unvested portion may not be eligible for division. In these cases, the QDRO should include language addressing what happens to unvested funds that later vest post-divorce.

