1. Employee vs. Employer Contributions
When dividing a 401(k), it’s important to know whether the account includes both employee (participant) and employer (company match) contributions. Depending on the plan’s vesting schedule, some employer contributions may not be fully owned (“vested”) by the participant at the time of divorce. A well-drafted QDRO should clearly state whether the alternate payee (typically the ex-spouse) will receive a share of just the vested account or all contributions, including unvested amounts as they vest later.

