1. Employee vs. Employer Contributions
401(k) plans usually include both employee contributions (what the worker puts in) and employer contributions (matching and profit sharing). The QDRO needs to clearly state which portions are being divided.
Some employer contributions may be subject to a vesting schedule. If the employee spouse isn’t fully vested, the alternate payee might not be entitled to that part of the plan yet—or ever if the employee leaves the company early.

