1. Employee vs. Employer Contributions
401(k) plans usually consist of two sources of money:
- Employee contributions: These are amounts the employee voluntarily contributes from their paycheck.
- Employer contributions: These may be matching or discretionary, and they often have a vesting schedule.
In your QDRO, it’s important to spell out whether the non-employee spouse is entitled to a share of just the employee contributions, or also the employer contributions—and whether those should include only vested amounts or everything accrued during the marriage.

