Employee vs. Employer Contributions
401(k) plans often have both employee deferrals and employer contributions (like matching or profit-sharing). A common mistake is failing to spell out which types of contributions the alternate payee is entitled to. If your marital settlement agreement isn’t specific, the QDRO must be drafted carefully to clarify.
Employer contributions may involve vesting schedules. If the participant isn’t fully vested at the time of separation or divorce, the alternate payee won’t be entitled to the non-vested amounts unless otherwise agreed in the divorce. It’s important to request a full breakdown of vested and unvested balances when preparing the QDRO.

