Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. It’s important to understand whether each type of contribution is included in the division. Employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested, the alternate payee won’t receive that portion of the funds unless specifically addressed in the QDRO.
Ask for a breakdown of vested vs. unvested balances before drafting the order. Some QDROs include language allocating a percentage of the currently vested portion only, while others include future vesting.

