Employee vs. Employer Contributions
In a 401(k) plan, contributions can come from both the employee and the employer. The QDRO must be clear about whether the alternate payee is receiving:
- A portion of the total account balance (including both employee and employer contributions)
- Only the participant’s deferrals (employee contributions)
- Or a percentage of only vested amounts
If the participant has employer matching contributions that are partially or fully unvested, that portion may not be transferable. That’s why identifying the plan’s vesting schedule is so important during your QDRO preparation.

