Employee vs. Employer Contributions
The QDRO should state clearly whether the alternate payee is receiving a share of employee contributions only, or also employer contributions. With 401(k)s like the Inktavo, LLC 401(k) Plan, employer contributions often come with a vesting schedule, which affects how much is actually available to be split at the time of divorce.
If an employee isn’t 100% vested at the time of the cut-off date used in the QDRO (often date of separation or date of divorce), the unvested portion may be forfeited altogether. The QDRO must take that into account, or the alternate payee could end up expecting more than what’s available.

