1. Contributions: Employee vs. Employer
The plan likely includes both employee and employer contributions. One major consideration in divorce is deciding whether the Alternate Payee gets a portion of just the participant’s contributions—or both employee and employer portions.
401(k) plans commonly vest employer contributions over time. This means not all of the employer-provided funds may be “owned” by the participant yet. Only vested contributions can be divided. Your QDRO must explicitly state the treatment of these contributions.

