Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or profit-sharing contributions. When dividing the account, it’s important to specify:
- What percentage or dollar amount of the total account is awarded to the alternate payee
- Whether the order includes only the marital portion or also post-separation contributions
- If employer contributions are included—even if not fully vested
If vesting is incomplete, unvested amounts may be forfeited if the employee leaves the company. It’s critical to define how those unvested amounts are addressed in the QDRO.

