1. Employee vs. Employer Contributions
Most 401(k)s include two different types of contributions: those made by the employee and those contributed by the employer. In divorce, all vested contributions as of the date of division are typically subject to division. However, unvested employer contributions might not be included, depending on the terms of the plan and divorce settlement.
Make sure your QDRO clarifies whether the alternate payee is receiving a percentage of total vested assets or only employee contributions. If a significant portion of the participant’s account comes from employer matches, this becomes especially important.

