Employee and Employer Contributions
Most 401(k) plans include both employee contributions (money deducted from the participant’s paycheck) and employer contributions (matches, profit sharing, etc.). These contributions might be split differently depending on the divorce judgment and the QDRO terms.
- Only vested employer contributions can be awarded to the alternate payee.
- QDROs must specify whether to divide the account based on date-of-divorce balance, current balance, or some other valuation date.

