1. Employee vs. Employer Contributions
401(k) plans often include both employee and employer contributions. Only the participant’s vested balance can be divided through a QDRO. Make sure your QDRO clearly specifies whether the division includes:
- Only employee contributions and associated earnings
- Employer-matching contributions (if vested)
If employer contributions are subject to a vesting schedule, the alternate payee cannot receive any unvested amounts. Your QDRO should reflect this and account for potential changes in vesting status prior to assignment.

