Employee and Employer Contributions
Most 401(k) plans include a combination of employee contributions (deferrals) and employer contributions (match or profit sharing). The QDRO should specify whether the alternate payee is receiving a percentage or a fixed dollar amount of the participant’s account balance as of a certain date (often the date of separation or divorce judgment).
Important: Employer contributions may be subject to a vesting schedule, meaning a portion of that money may not actually belong to the participant if they left employment before becoming fully vested. The QDRO should clearly separate vested and unvested amounts and ensure only the entitled portion is awarded.

