1. Employee vs. Employer Contributions
401(k) plans typically include voluntary employee contributions and matching employer contributions. In your divorce settlement, you’ll need to determine whether the alternate payee is receiving a share of:
- Only the employee contributions
- The employee and matching employer contributions
- Only the vested portion of employer contributions
Employer contributions may not be fully vested. If a portion is unvested, it may be forfeited back to the sponsor—Unknown sponsor—upon the employee’s termination or partial service. The QDRO must clarify how to handle such forfeitures.

