Employee and Employer Contributions
In most 401(k) QDROs, the “alternate payee” (usually the non-employee spouse) receives a percentage or specific dollar amount from the participant’s account. However, QDROs must be clear about whether the award includes both employee and employer contributions. Employer contributions often come with vesting schedules. If funds aren’t fully vested at divorce, a portion may be unassignable—or could later vest and need to be addressed in a follow-up order.

