Employee vs. Employer Contributions
401(k) plans typically contain both employee (participant) and employer contributions. The QDRO must specify whether the alternate payee is receiving a share of both. If your divorce settlement says the former spouse gets half of the “account,” that often includes both types of contributions—unless stated otherwise.
Employer contributions, however, are often subject to vesting schedules. This matters because any amounts not vested at the time of divorce may later be forfeited. The QDRO should define what happens if unvested amounts are later forfeited or become vested after the divorce. Don’t leave this to chance.

