1. Handling Employee vs. Employer Contributions
Most 401(k) plans—especially in the corporate sector—include both types of contributions. The QDRO should clearly state whether the alternate payee is receiving a share of:
- Only employee contributions
- Both employee and employer contributions
Some employer contributions may be subject to vesting schedules. If the employee isn’t fully vested at the time of divorce, the QDRO must include language about whether the alternate payee still receives a share, or if only the vested balance is included.

