Employee and Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer matching or profit-sharing contributions. The QDRO needs to clearly define whether the alternate payee receives a portion of:
- Only the employee’s contributions
- Both employee and employer contributions
- Gains and losses on those contributions
Many clients assume you automatically get a 50/50 split. But if employer contributions aren’t fully vested at the time of divorce, that balance may be smaller than expected. We advise reviewing recent statements to get a full picture before finalizing the order.

