Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and employer matching or discretionary contributions. These aren’t always treated the same in divorce. The QDRO must spell out whether it applies to:
- Employee contributions only
- Employer contributions
- Both
Be aware: Employer contributions could be subject to a vesting schedule. If the employee is not fully vested, the alternate payee may not receive some portions of the balance.

