Employee vs. Employer Contributions
Most 401(k) accounts include a mix of employee deferrals and employer contributions. The QDRO should specify whether the alternate payee is entitled to a share of both or just the participant’s contributions. In many divorces, the division includes all vested amounts accumulated during the marriage. However, if the employer made matching contributions or profit-sharing payments, those amounts might be only partially vested—another wrinkle a good QDRO must account for.

