Employee and Employer Contributions
One of the first things to determine is whether the contributions being split are employee-only or include employer matching. Many 401(k) plans, including the Center Court Management LLC 401(k) Profit Sharing Plan & Trust, provide employer contributions that may be subject to a vesting schedule.
In a QDRO, you’ll want to state whether the alternate payee (usually the ex-spouse) will get a portion of just the vested balance or both vested and unvested amounts. If unvested funds are included and later lost due to forfeiture, that must be clearly addressed to avoid future disputes.

