1. Employee vs. Employer Contributions
401(k) accounts often include both employee contributions (the portion taken from paychecks) and employer contributions (matching, discretionary, or profit-sharing). A clear QDRO should:
- Include all plan assets related to both employee and employer contributions earned during the marriage.
- Specify how to handle unvested employer contributions if they exist.
Unvested employer contributions can be a major sticking point. If those contributions don’t fully vest until after divorce, you’ll need to decide how (or if) the alternate payee can share in them. Some QDROs include a “shared interest” approach that accounts for vesting over time.

