Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching. In divorce, the QDRO must address whether the alternate payee will receive a share of:
- Just employee contributions
- Both employee and vested employer contributions
- Investment gains or losses on those contributions
Unvested employer contributions are important—whatever hasn’t vested by the cutoff date may not legally transfer to the alternate payee. You need to confirm vesting schedules and account balances as of the date of division or separation.

