Employee and Employer Contributions
With 401(k) plans, contributions often come from both the employee and the employer. It’s crucial to specify whether the alternate payee will receive:
- Only the employee’s contributions
- Both employee and vested employer contributions
- Earnings and losses on those amounts up to date of distribution
The QDRO should clearly distinguish what’s included in the award. For example, if the marital portion includes vested employer contributions, this should be spelled out to avoid processing delays or rejections.

