1. Dividing Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer-matching contributions. A QDRO must clarify whether the division applies only to the participant’s contributions, or also includes employer contributions. Many times, employer contributions are subject to vesting schedules, and this could affect the amount an alternate payee is entitled to receive.
For example, if an alternate payee is entitled to 50% of the account, the calculation may be restricted to vested balances only or may include all balances as of the date of division. It’s essential to define the split clearly in percentage terms or by using “marital coverture” or a similar formula if the marriage overlapped with plan participation.

