1. Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or discretionary contributions. Your QDRO needs to clarify whether the Alternate Payee is receiving:
- A percentage of the total plan balance
- Only contributions made during the marriage
- Employer matches, and if so, whether both vested and unvested balances are included
This kind of plan often includes tiered vesting, so unvested employer funds may not yet belong to the participant. If the QDRO tries to include them without proper clarification, it risks being rejected.

