1. Dividing Contributions: Employee vs. Employer
Not all contributions are treated the same in divorce. Your QDRO must clearly state whether both employee contributions and employer matching contributions are being divided—and whether the division includes earnings and losses through the date of transfer.
Also, many 401(k) plans—like the Sbera 401(k) Plan as Adopted by Shoreham Bank —may include employer contributions that are subject to a vesting schedule. If those funds are not vested at the time of the divorce or QDRO approval, they could be forfeited and unavailable to the alternate payee.

