401(k) Contributions: Employee and Employer
It’s common for both the employee and the employer to contribute to the 401(k). The QDRO must clarify whether the alternate payee (usually the former spouse) is receiving a portion of the employee’s contributions only, or also a share of any employer contributions. That decision affects the final account split significantly.
Employer contributions are often subject to a vesting schedule, which can complicate the division. If funds weren’t vested by the time of divorce, they may be excluded from the award unless the plan allows for future vesting rights.

