1. Employee vs. Employer Contributions
Most 401(k) plans include both employee and employer contributions. A QDRO can divide either or both. However, it’s critical to understand which contributions are fully vested and which are subject to a vesting schedule.
If a portion of the employer contributions is not vested at the time of the divorce, the alternate payee cannot receive those funds. The QDRO should clearly define the division date to properly delineate what’s marital (and divisible) and what’s separate.

