Employee vs. Employer Contributions
401(k) plans typically have two types of contributions: employee deferrals and employer contributions (e.g., matching contributions). The QDRO must specify whether the alternate payee is receiving a share of:
- Only the employee’s deferrals
- The combined balance including employer contributions
For employer contributions, vested status is key. Many plans—including the Cartel Coffee Lab 401(k) Plan, as part of a business entity in the general business sector—use a vesting schedule, meaning an employee may lose all or part of the employer contributions if they leave the company too soon. Your QDRO can only divide the vested portion of employer contributions.

