1. Employee vs. Employer Contributions
401(k) plans often contain both the employee’s own contributions and contributions made by the employer. A well-drafted QDRO should specify whether the division includes:
- Just the participant’s contributions and gains/losses
- Employer contributions (if vested)
- Both sets of funds in proportion
The QDRO must outline whether the alternate payee is entitled to a share of employer contributions, which brings us to the issue of vesting.

