1. Employee vs. Employer Contributions
This is one of the most important distinctions. Your QDRO should carefully specify whether the alternate payee will receive only the participant’s contributions or both employee and employer contributions.
Employer contributions may be subject to a vesting schedule. If your divorce occurs before full vesting, a portion of the account may not be divisible. We always confirm and account for vesting percentages when drafting a QDRO for a 401(k), especially plans like this one, which may have complex ERISA-governed terms.

