Employee and Employer Contributions
With 401(k) plans, both the employee and employer make contributions. Unless specified otherwise in your divorce judgment, the QDRO can award the former spouse (called the “alternate payee”) a portion of:
- Employee contributions (including pre-tax and Roth)
- Employer contributions that are vested at the time of division
It’s essential to understand how much of the employer matching contributions are vested. Unvested amounts may be forfeited if the employee leaves the company before full vesting is achieved.

