1. Contributions: Employee and Employer Funds
401(k) plans typically include both employee and employer contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. If part of the employer match is not vested on the date of division, the alternate payee may be entitled to less than you think.
In your QDRO, it’s crucial to specify what portion of the account is being divided—either a percentage, fixed dollar amount, or formula based on the date of marriage to separation. We often advise using language that ties the calculation to the account balance as of a specific date to avoid confusion later.

