1. Employee vs. Employer Contributions
With 401(k) plans, it’s common for both employees and employers to contribute. But the divorce QDRO should state whether the alternate payee (ex-spouse) receives a portion of just the employee’s contributions—or the employer’s as well.
This matters a lot, especially because employer contributions are usually subject to vesting schedules. If the employee is not fully vested at the time of divorce, the ex-spouse may only get the vested portion. QDROs need to be worded accurately to reflect this.

