Employee vs. Employer Contributions
Most 401(k) plans are funded by both employee contributions and employer matching contributions. The employee’s contributions are 100% owned by them, but employer contributions might be subject to a vesting schedule. This means that only a portion—or potentially none—of the employer funds may be payable to the alternate payee if the employee hasn’t worked for the company long enough.
In drafting a QDRO, it’s important to:
- Clarify whether both employee and employer contributions are being divided
- Account for vesting schedules and restrict payout to vested amounts only
- Specify a clear valuation date (e.g., date of separation, filing, or divorce)

