1. Employee and Employer Contributions
With 401(k) plans, both the employee and the employer may contribute. In a QDRO, it’s important to ensure that both types of contributions are addressed in the division. The alternate payee (usually the ex-spouse) must know whether they’re receiving a percentage of the entire account balance or only the employee-contributed portion.
Always review the Plan Summary or get a detailed statement to see whether employer contributions are fully vested. It’s common for employers to have vesting schedules, meaning some employer contributions may be forfeited depending on the employee’s service time.

