1. Employee vs. Employer Contributions
When you divide a 401(k), you’re not just splitting the total amount. You may need to decide whether the alternate payee receives a share of:
- Just the employee’s contributions and their earnings
- Employer contributions as well
The catch? Employer contributions may be subject to a vesting schedule. If not fully vested at the time of divorce, the alternate payee might not be entitled to those unvested amounts. We always advise requesting a vesting statement during the QDRO planning stage.

