1. Employee vs. Employer Contributions
In almost all 401(k) plans, employees make contributions from their pay, and employers often make matching or profit-sharing contributions. During a divorce, both types of contributions may be on the table—but only vested employer contributions are available for division.
The QDRO must clearly state whether the alternate payee is entitled to:
- A percentage of the account balance as of a specific date
- Only the vested portion of employer contributions
- Gains and losses from the valuation date to the date of distribution

