1. Employee and Employer Contributions
Most 401(k) plans include both contributions made by the employee and matching or partial contributions made by the employer. However, employer contributions may be subject to a vesting schedule. If the participant is not fully vested at the time of divorce, the alternate payee may not be entitled to the full employer match.
When drafting a QDRO, it is critical to define whether the award includes just employee contributions or both employee and vested employer contributions. If no clarification exists, the alternate payee could receive less than intended—or prompt a dispute.

