1. Employee vs. Employer Contributions
This 401(k) plan includes both employee contributions (salary deferrals) and employer contributions (usually a percentage match). In most divorces, only the vested portion of employer contributions can be awarded via QDRO—unless both parties agree otherwise.
Make sure your QDRO clearly defines whether the alternate payee receives just the employee portion, or both employee and vested employer contributions. If any contributions are unvested, they could be forfeited if the participant separates from service early.

