Employee vs. Employer Contributions
Employer 401(k) plans often include both employee deferrals (what the employee puts in) and employer contributions (such as matches or profit-sharing). The QDRO must specify what’s being divided:
- Only employee contributions during the marriage?
- All vested account balances as of a certain date?
- Including or excluding employer contributions?
Because the Gateways to Change, Inc.. 401(k) Retirement Plan is part of a corporate-sponsored plan, it’s very likely there are matching contributions with their own vesting schedule, which brings us to the next point.

