Employee vs. Employer Contributions
A proper QDRO must specify whether the alternate payee is receiving a portion of:
- The entire account (both employee and employer contributions)
- Only the participant’s employee contributions
- Only the vested portion of the employer contributions
For most 401(k) plans, employer contributions are subject to a vesting schedule. This means the participant might not own 100% of what the employer contributed unless they’ve worked at Double diamond distillery LLC long enough. A good QDRO will only divide the vested portions unless you have alternate settlement terms worked out.

