1. Employee vs. Employer Contributions
Many 401(k) plans, including the Aopa Employees’ 401(k) Retirement Plan, consist of both employee salary deferrals and employer contributions. It’s critical to determine:
- Whether the alternate payee is receiving a percentage of the total account or just the marital portion
- If employer contributions are vested or still subject to a vesting schedule
For example, an alternate payee may only be entitled to the vested portion of the employer match as of the date of separation or divorce. The QDRO should clearly state how each contribution type is handled to avoid errors in the division.

