1. Employee and Employer Contributions
Both employee deferrals and employer contributions must be addressed in a QDRO. One challenge in 401(k) plans, especially in the General Business sector, is determining which parts of the balance are marital. Employer matches often vest over time, and only vested contributions can be divided. Your QDRO needs to be very specific here—calling out whether the alternate payee will receive a share of just vested amounts or all amounts accrued during the marriage.

