1. Employee and Employer Contributions
401(k) plans often contain both employee payroll deferrals and employer contributions. Some QDROs only divide the participant’s own contributions, while others divide both. As part of a divorce settlement, the QDRO should clearly state whether the alternate payee is receiving a share of:
- Employee deferrals
- Employer matching or profit-sharing contributions
- Either or both, and whether those contributions are vested or not
Unvested employer contributions can pose a challenge—see more below under “Vesting Schedules.”

