1. Employee and Employer Contributions
Most 401(k) plans include contributions from the employee and sometimes matching funds from the employer. A QDRO can divide either or both. It’s vital to specify how the division should occur—either as a percentage or dollar amount as of a certain date (commonly the date of divorce or date of separation).
Be aware that any unvested portion of the employer’s contribution may not be payable to the alternate payee. We always recommend verifying the participant’s vesting schedule to avoid promising benefits that aren’t available.

