1. Employee vs. Employer Contributions
In most 401(k) plans, employees contribute from their own paychecks, and employers often add matching or discretionary contributions. But not all of these contributions are immediately owned by the participant.
The QDRO should clearly specify whether both employee and employer contributions will be divided. If the participant hasn’t been employed long enough to be fully vested in the employer match, only the vested portion will be available to divide. Be cautious not to award the alternate payee amounts that aren’t yet vested, or the QDRO may fail.

