1. Employee and Employer Contributions
With 401(k) plans, there are two primary types of contributions: employee deferrals and employer contributions, such as matching funds. A QDRO can assign a portion of both to the non-employee spouse (the “Alternate Payee”), but how these contributions are divided must be clearly described in the court order.
Remember that if employer contributions are subject to a vesting schedule (more on that below), your portion may be reduced depending on when the employee spouse became eligible for vesting.

