1. Employee vs. Employer Contributions
401(k) plans often include both employee salary deferrals and employer matching or non-elective contributions. In some cases, employer contributions are not immediately vested. This means the employee may not be entitled to the full value depending on years of service.
The QDRO must specify whether the alternate payee is entitled to only the vested portion or the entire balance as of a specific date. If the employer contributions are not 100% vested, the alternate payee could lose out on a portion if they’re unaware.

