Employee vs. Employer Contributions
In most 401(k) plans, contributions come from two sources: the employee’s salary deferrals and employer contributions such as matches. A QDRO should clearly state whether both types of contributions are to be divided and how.
- If you’re the non-employee spouse, make sure the QDRO specifies that you’re entitled to a share of employer contributions as well, if they are vested.
- If employer contributions are subject to vesting, unvested amounts may go back to the plan—not to either party.

