1. Employee and Employer Contributions
401(k) plans typically have both employee contributions (fully vested immediately) and employer contributions (which may vest over time). It’s important for the QDRO to specify whether both types of contributions will be divided—and if so, the division date matters a lot.
The alternate payee’s share is often calculated based on the value of the account as of a specific date, such as the date of separation or the date of judgment. Be specific in the QDRO to avoid disputes or delays.

