1. Employee vs. Employer Contributions
In most 401(k) plans, contributions come from both the employee (participant) and the employer. When drafting a QDRO, you’ll need to clearly define whether both sources are included in the division. Often, employer contributions are subject to a vesting schedule, so if a participant isn’t fully vested, the alternate payee could receive less than expected.
A good QDRO will include language that:
- Specifies whether employer contributions are included
- Adds provisions for forfeited amounts if the participant is not fully vested
- Clarifies what happens to the award if contributions increase or decrease post-division

