Employee and Employer Contributions
In most 401(k) plans, the participant contributes a portion of their salary, and the employer may also contribute a matching or discretionary amount. In this plan, employer contributions are especially important to examine because:
- Not all employer contributions may be vested (see below).
- The QDRO needs to clarify whether the division includes the employer match or is limited to employee contributions only.
If a QDRO doesn’t clearly define what contributions are being divided, the alternate payee may miss out on a significant portion of the account.

