Employer and Employee Contributions
401(k) plans include employee deferrals and typically employer matching or discretionary contributions. In the QDRO, it’s critical to clarify whether the alternate payee is receiving:
- A percentage of the total vested balance
- A portion of employee-only deferrals
- Or a portion that includes employer contributions
If the participant is not fully vested in employer contributions, the alternate payee may not be entitled to that portion. The QDRO must account for this, often using plan-specific vesting schedules.

