Employee vs. Employer Contributions
Many 401(k) plans include both employee deferrals and matching employer contributions. However, only some amounts may be eligible for division depending on vesting and contribution timing. The QDRO should specify whether the alternate payee (typically the ex-spouse) is receiving a share of:
- All contributions (including employer matches)
- Only the participant’s contributions
- Contributions made during the marriage
This distinction can have a big financial impact and must be clear in the QDRO.

