1. Employee vs. Employer Contributions
401(k) accounts typically contain both employee deferrals and employer matching or non-elective contributions. In a divorce, the QDRO must say if both types are being divided. Some employer contributions may be subject to vesting schedules—if they weren’t fully vested at the date of separation or divorce, they may not be payable to the alternate payee.
We carefully clarify this in the QDRO to avoid disputes. If the alternate payee is awarded “50% of the marital portion,” we calculate only the vested part as of the cut-off date (usually separation or divorce judgment date).

