Addressing Employee and Employer Contributions
In most 401(k) plans, a participant contributes a percentage of their paycheck, and the employer matches up to a certain amount. The QDRO must specify whether the alternate payee (typically the non-employee spouse) receives:
- Just the employee’s contributions and earnings
- Both employee and employer contributions
- The amount as of a certain date (known as a “valuation date”) or a percentage of the full balance
Keep in mind that the employer’s contributions may be subject to a vesting schedule. If the participant is not fully vested in those amounts, the non-employee spouse may not be entitled to them under the plan terms.

