1. Employee and Employer Contributions
In 401(k) plans, you may be dividing both employee contributions (what the employee voluntarily puts in) and employer contributions (which might be based on a match or profit-sharing formula). Often, only vested employer contributions are included in a QDRO. If your spouse isn’t fully vested, that portion may be significantly smaller than expected.
The QDRO should clearly specify whether the alternate payee is receiving a flat dollar amount, a percentage of the account as of a certain date, or investment gains and losses over time. Be specific—this affects the actual dollar figure paid out later.

