Employee and Employer Contributions
401(k) plans consist of both employee (pre-tax or Roth) and employer contributions. A QDRO must clearly state whether the Alternate Payee is receiving only the portion contributed by the employee or also a share of the employer match. This matters because:
- Employer contributions often follow a vesting schedule
- Non-vested amounts can’t be divided
- QDROs must specify a cutoff date for determining the share (e.g., separation date, judgment date)
PeacockQDROs helps calculate the divisible amount—taking vesting rules into account—so you don’t accidentally divide funds that don’t exist yet.

