Employee vs. Employer Contributions
401(k) accounts typically include two types of contributions:
- Employee Deferrals: Contributions made by the employee from their paycheck.
- Employer Contributions: Matching or discretionary contributions made by the employer, which often come with a vesting schedule.
It’s important to clarify in the QDRO whether the alternate payee is receiving a share of just the vested balance or both vested and non-vested funds as of a certain date. The plan administrator will not pay out non-vested funds, so accurate language is critical.

