Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or profit-sharing contributions. A QDRO can specify whether the alternate payee receives a portion of:
- Just the employee’s contributions
- Both employee and employer contributions
- Employee contributions plus only vested employer amounts
Make sure the QDRO clearly distinguishes each type. If the employer contributions are subject to a vesting schedule (which many 401(k)s are), this can significantly affect the value of what’s available to divide.

