1. Employee vs. Employer Contributions
The participant (employee) typically defers a portion of their salary into the 401(k), and the employer often matches a percentage. Here’s why this matters:
- A standard QDRO can divide only vested account balances.
- If the participant is not fully vested in the employer match, any unvested portion may be excluded from division.
- A well-drafted QDRO should clarify that the alternate payee shares only in vested amounts unless otherwise negotiated.

