Employee vs. Employer Contributions
Most 401(k) plans include both employee and employer contributions. The QDRO must spell out whether the alternate payee will receive a share of just the employee’s contributions, just the employer’s, or both. Often, these contributions are separated into different sub-accounts within the plan.
If the employer contributions are subject to a vesting schedule, some of the account balance might not even belong to the employee yet—and therefore wouldn’t be paid out to the alternate payee. We help determine vested and unvested portions so the QDRO only divides the allocable shares.

