1. Employee vs. Employer Contributions
This 401(k) likely includes both employee deferrals and employer matching contributions. Your QDRO should clarify whether the award to the alternate payee includes:
- Only employee contributions
- Employer contributions as well (subject to vesting)
The vesting status at the time of divorce is especially important. If some employer contributions aren’t vested, the alternate payee may not be entitled to them.

