1. Dividing Contributions: Employee vs. Employer
401(k) plans typically include both employee (participant) contributions and employer matching contributions. In divorce, it’s crucial to specify what portion of each goes to the alternate payee. Some QDROs split only the vested portion of employer contributions as of the date of separation or divorce, while others divide all contributions accrued during the marriage. You need to determine whether the employer’s match was vested at the time of divorce to know what’s actually eligible to be split.

