Employee vs. Employer Contributions
A key issue in 401(k) plans is understanding the difference between what the employee put in (usually during the marriage) and what the employer contributed.
Employer contributions often come with vesting schedules. If the employee spouse is not fully vested, part of the employer match may eventually be forfeited. This can affect how much the alternate payee is entitled to. A good QDRO will clearly state how to treat these unvested amounts. For example, should the alternate payee only receive vested funds, or receive a proportional share if vesting occurs after the divorce?

