1. Employee vs. Employer Contributions
In the QDRO, you must specify whether the alternate payee will receive a portion of just the employee contributions (those deducted from the employee’s paycheck) or also the employer contributions. Many plans, including corporate 401(k)s in the General Business sector like this one, have matching or profit-sharing contributions. The alternate payee is typically only entitled to vested employer contributions as of the date of divorce or the date agreed upon by the parties.

