1. Employee vs. Employer Contributions
Contributions to a 401(k) typically come from two sources: the employee and the employer. While your spouse’s own contributions are always divisible, some employer contributions may be subject to a vesting schedule. This means only the vested portion can be divided through a QDRO.
When drafting your QDRO, make sure to:
- Request detailed statements that show vested vs. unvested balances
- Clarify if the alternate payee (receiving party) will receive a share of employer contributions and to what extent

