Employee vs. Employer Contributions
401(k) plans often contain both employee deferrals and employer matches. Your QDRO should address whether the alternate payee (typically the non-employee spouse) receives a share of both. Sometimes employer contributions are subject to a vesting schedule—meaning the employee doesn’t “own” them outright until time-based requirements are met.
In dividing the Greater New York Nursing Services 401(k) Plan, one common pitfall is assuming all contributions are available for division. If there are unvested employer contributions, they may be excluded from the marital share. The QDRO must clearly define which amounts are included based on vesting.

