Employee and Employer Contributions
In most 401(k) plans, contributions include both employee salary deferrals and employer matching amounts. A solid QDRO will specify:
- Whether the division includes just the employee’s portion or both employee and employer contributions
- How to handle any matching contributions that are subject to vesting
- Whether earnings or losses on the assigned amount should be included up through the transfer date
If you’re the alternate payee, know that employer contributions not yet vested at the time of divorce may never be available to you, especially if the participant leaves the employer.

