Employee Contributions vs. Employer Contributions
401(k) accounts often include both employee deferrals and employer matching contributions. In a QDRO, it’s important to clearly define whether the alternate payee will receive a portion of:
- Only the employee contributions
- Employee + vested employer contributions
Unvested employer contributions usually stay with the employee participant, unless stated otherwise in the QDRO. Be sure to confirm the vesting schedule through the employer or plan administrator in advance.

