Employee and Employer Contribution Division
Many 401(k) plans—especially those sponsored by business entities—include both employee deferrals and employer matching contributions. A well-drafted QDRO must clarify whether it covers only the employee’s contributions or employer contributions, too. If the employer’s matching contributions are subject to a vesting schedule, this needs to be addressed directly in the order.
Important tip: Only vested funds can be transferred to the alternate payee (the spouse receiving the portion). Get a recent plan statement that shows what’s vested versus unvested so your QDRO reflects what’s actually available for division.

