1. Employee vs. Employer Contributions
Many people assume a QDRO just splits the total account balance, but most 401(k) accounts include both:
- Employee contributions: These are immediately vested and straightforward to divide.
- Employer contributions: These may be subject to a vesting schedule. If some portions are unvested at the date of division, the alternate payee may not be entitled to receive them.
In your QDRO, make sure the vesting schedule is taken into account so unrealistic expectations aren’t created about amounts that may have been forfeited.

