1. Employee vs. Employer Contributions
Dividing 401(k) funds isn’t always as easy as splitting the full account balance. Employer contributions may be subject to a vesting schedule—which means the participant doesn’t fully own those funds unless they’ve met specific service requirements. A well-drafted QDRO must:
- Include only vested funds (if that’s what the parties agreed to)
- Account for future vesting, if required by the divorce terms
- Specify whether forfeited amounts are excluded from the alternate payee’s portion

