1. Contribution Source Matters
401(k) plans consist of different types of contributions—mainly employee deferrals and employer matches. The QDRO must specify how each source of money should be divided.
- Employee Contributions: These are always 100% vested and fully divisible.
- Employer Contributions: These may come with a vesting schedule. Only the vested portion can be divided.
If you are the alternate payee (spouse receiving the benefit), be aware that you typically can’t claim unvested employer contributions. A good QDRO will address this clearly to avoid rejection by the plan administrator.

