Employee and Employer Contributions
Most 401(k) plans include contributions from both the employee and the employer. In many divorces, only the vested portion of the employer match gets divided. If the participant isn’t fully vested, the alternate payee might receive less than expected. The QDRO should clearly state:
- Whether the distribution includes employee contributions only or both employee and vested employer contributions
- The date used to calculate the division (e.g. date of separation, divorce filing, or final judgment)

