Employee and Employer Contributions
With 401(k) plans, both the employee and employer typically contribute to the account. However, not all employer contributions may be included in the division due to vesting rules. A QDRO should clearly specify whether the alternate payee receives a share of:
- Only the employee’s contributions
- Both employee and vested employer contributions
- Gains and losses on allocated contributions
Example: If the employee is not yet fully vested, the non-vested portion could be excluded from the alternate payee’s share unless otherwise negotiated.

