1. Dividing Employee vs. Employer Contributions
401(k) accounts often include both employee deferrals and employer matches. Some matches are subject to vesting schedules—so if the participant isn’t fully vested at the time of divorce, the alternate payee might not receive the full value of what appears on the statement. The QDRO needs to clearly define whether it applies to just the vested balance or the entire account, and it’s usually best to capture only the part the participant has earned as of the division date.

