Employee vs. Employer Contributions
In most 401(k) plans, employees can make voluntary contributions, possibly with employer matching or additional contributions. When drafting your QDRO, it’s critical to specify whether the alternate payee (usually the ex-spouse) is receiving a share of:
- Only the employee’s contributions
- Employer matching contributions
- Both employee and employer contributions, including any investment gains or losses
Without clarity, plan administrators may reject the QDRO or process it incorrectly. For employer contributions, you also need to understand whether those amounts are vested or not at the time of division.

