1. Employee vs. Employer Contributions
401(k) plans include contributions made directly by the employee and often a matching element from the employer. In drafting your QDRO, you’ll need to address:
- Whether both types of contributions are being divided
- The duration of marriage in comparison to employment dates
- If employer contributions are fully vested
If employer contributions are subject to a vesting schedule and the participant hasn’t satisfied those terms, the alternate payee may receive less than expected. Make sure your QDRO clearly states how to handle unvested or forfeited amounts.

