1. Employee Contributions vs. Employer Contributions
Most 401(k) plans are made up of both employee deferrals and employer matching contributions. The QDRO must clarify whether the alternate payee’s award includes:
- Only employee contributions
- Both employee and employer contributions
For this plan, which originates from a business entity in the general business sector, employer contributions may be subject to a vesting schedule. It’s critical that the QDRO consider only the vested portion when awarding an amount to the alternate payee—unless both parties agree to divide all amounts, vested or not.

