1. Employee vs. Employer Contributions
401(k) plans typically consist of employee elective deferrals and employer profit-sharing contributions. Both types may be included in the QDRO, but employer contributions are often subject to a vesting schedule. If the participant spouse isn’t fully vested when the QDRO is executed, the non-vested portion will not be awarded to the alternate payee.
If you’re the alternate payee, make sure the QDRO specifies that you’re entitled to employer contributions only to the extent the participant is vested as of the division date.

