1. Employee vs. Employer Contributions
401(k) plans are largely funded by employee salary deferrals, but many plans—including this one—likely offer employer contributions as well. The QDRO must specify whether the alternate payee (typically the ex-spouse) is receiving a share of both types.
However, employer contributions might be subject to a vesting schedule. If some employer contributions weren’t yet vested as of the date of divorce or cutoff date, they may not be divided with the spouse. The QDRO needs language that addresses the vesting status—or makes clear whether only the vested portion is to be divided.

