Employee and Employer Contributions
401(k) plans commonly include both employee contributions (your paycheck deferrals) and employer contributions (such as company matches or profit-sharing). The QDRO must specify whether the alternate payee is receiving a share of:
- Just employee contributions
- Both employee and employer contributions
If the employer contributions are subject to a vesting schedule, unvested amounts may not be available depending on the participant’s years of service at the time of divorce.

