1. Employee vs. Employer Contributions
401(k) plans include both employee and employer-funded amounts. Your QDRO must specify whether the award includes:
- Just employee contributions (pre-tax/Roth deferrals)
- Employee contributions plus employer matching or profit-sharing contributions
Because employer contributions are often subject to vesting schedules, unvested balances will not be payable to the alternate payee, unless the participant becomes fully vested later. This should be clearly stated in the QDRO.

