1. Participant Contributions vs. Employer Contributions
In many 401(k) plans, employees contribute a percentage of their pay, and employers may match part of those contributions. A QDRO must specify whether both types are to be divided and how.
Some employer contributions are subject to vesting. If contributions aren’t vested as of the couple’s agreed “division date,” the alternate payee may not be entitled to a portion of those funds. Include clear language in the QDRO that addresses this possibility.

