Employee vs. Employer Contributions
Most 401(k) plans consist of employee salary deferrals and employer matching or profit-sharing contributions. The QDRO should clearly state whether the division applies only to vested balances or includes unvested portions. For example, if employer contributions are subject to a five-year vesting schedule and the employee isn’t fully vested, the alternate payee may receive less than expected if the QDRO doesn’t account for this.

