1. Employee and Employer Contribution Divisions
Dividing a 401(k) isn’t just about the account balance. The plan may include both employee deferrals and employer matching or profit-sharing contributions. These components are often subject to different vesting schedules.
Your QDRO must clarify whether all vested balances are to be divided, or only the participant’s contributions. If employer contributions are not yet vested at the time of divorce, the alternate payee won’t receive those amounts—unless you draft language to capture any amounts that vest later.

