1. Employee and Employer Contributions
401(k) plans often feature both employee salary deferrals and employer profit-sharing or matching contributions. Only vested employer contributions can be divided in a QDRO. You’ll need to confirm:
- Which contributions are vested
- Whether the alternate payee (spouse) will receive a share of just the employee contributions, or both employee and vested employer contributions
- The cut-off date for division (date of separation, divorce filing, or final order)
If the QDRO tries to award unvested funds, it may be rejected by the plan administrator.

