1. Dividing Employee and Employer Contributions
Most 401(k) plans like this one include both employee contributions (what the participant contributed from each paycheck) and employer contributions (matching or discretionary). A common mistake in QDROs is not specifying whether the alternate payee (usually the ex-spouse) is entitled to a share of employer contributions.
Important: In many cases, employer contributions are subject to vesting schedules. If these contributions haven’t fully vested as of the divorce date or the account split date, the non-employee spouse may not be entitled to the full amount.

