1. Employee vs. Employer Contributions
401(k) plans typically include both employee salary-deferral contributions and employer matching or profit-sharing contributions. Only the participant’s contributions and fully vested employer funds can be transferred to an alternate payee under a QDRO.
When preparing the QDRO, it’s critical to:
- Determine whether employer contributions are fully vested
- Specify whether both employee and vested employer contributions are subject to division
- State whether investment gains or losses should apply to the alternate payee’s share

