Employee vs. Employer Contributions
In a 401(k) plan like this one, both employees and employers may make contributions. The QDRO should clearly state whether the alternate payee is to receive:
- Only the employee’s contributions
- Both employee and employer contributions
- Only the marital portion (usually based on a coverture fraction)
Employer contributions may be subject to a vesting schedule, especially in a corporate plan such as this. That means some employer contributions may not yet fully belong to the participant—and may not be divisible.

