Employee vs. Employer Contributions
With 401(k) plans, contributions can come from the employee’s salary deferrals and matching or discretionary contributions from the employer. Not all employer contributions may be available to divide—especially when vesting schedules are in play (more on that below). Your QDRO should clearly specify whether the order applies to:
- Just employee contributions
- Employee and vested employer contributions
- All contributions regardless of vesting (though the plan will only divide what is vested)

