Employee vs. Employer Contributions
In most 401(k) plans, the funds come from two sources: the employee’s salary deferrals and the employer’s matching or discretionary contributions. The QDRO must explain how both types of money are divided.
- Employee Contributions: These are almost always 100% vested and divisible based on a percentage or specific dollar amount of the marital period.
- Employer Contributions: These might be subject to a vesting schedule, which could affect whether the alternate payee receives any portion.

