Employee and Employer Contributions
Most 401(k) plans, including this one, consist of two types of contributions: employee deferrals and employer matching or discretionary contributions. When drafting the QDRO, it’s important to clarify whether the Alternate Payee is entitled to:
- Only the participant’s contributions
- Both employee and employer contributions
- Any investment gains or losses associated with those contributions
Employer contributions may be subject to a vesting schedule, which could affect what’s available for division.

