Employee and Employer Contributions Must Be Addressed
This 401(k) plan likely includes both employee deferrals and employer matching or discretionary contributions. The QDRO should clearly specify whether the alternate payee (usually the non-employee spouse) is receiving a share of just the employee’s contributions or also of the employer-match—especially important because employer contributions may not be fully vested.
Ask for a breakdown of total contributions before drafting the QDRO. Non-vested funds generally stay with the participant unless the order specifies otherwise—and only vested funds can be transferred.

