1. Employee vs. Employer Contributions
The primary source of assets in a 401(k) plan comes from employee contributions, but many plans also include employer matching contributions. With a new and growing plan like this one, it’s important to determine whether employer contributions are part of the account and—more critically—if they’re vested.
The QDRO must clarify whether the alternate payee is entitled to just the employee’s contributions or a share of employer contributions as well. This can dramatically change the value of the award.

