1. Dividing Contributions
In a 401(k) plan, contributions usually come from two sources: the employee and the employer. Employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule. That’s why it’s essential your QDRO clearly states how both types are to be divided.
- If the employer match is not fully vested, the alternate payee should understand they may only receive the participant’s portion and some or none of the match.
- It’s also important to clarify through the plan administrator what was vested as of the date of divorce (or another cutoff date you and your attorney choose).

