Employee and Employer Contributions
In 401(k) plans, employees contribute through salary deferrals, and employers may also make matching or discretionary contributions. One common mistake is failing to address whether the alternate payee will receive a portion of employer contributions.
If employer contributions aren’t fully vested at the time of separation, those unvested amounts may be forfeited and need to be excluded in the QDRO. Make sure your divorce settlement or judgment clearly states whether both employee and employer contributions should be divided—and whether it’s based on the value as of the date of separation, divorce filing, or some other specified date.

