1. Dividing Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. It’s crucial your QDRO clearly states whether both types of contributions are being divided and to what extent.
- If the alternate payee is to receive only the employee contributions, make that explicit.
- If employer contributions will be shared, you must consider whether they are vested or subject to forfeiture.

