1. Division of Contributions: Employee vs. Employer
401(k) plans are made up of two main types of contributions:
- Employee contributions, which are usually 100% vested from day one
- Employer contributions, which may be subject to a vesting schedule
If a court order attempts to divide unvested employer contributions, the alternate payee may end up receiving nothing from that portion. Your QDRO must clearly specify what portion of the vested balance is to be awarded, and for which types of contributions.

