Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or profit-sharing contributions. The QDRO must clearly state whether both types of contributions are to be divided, and whether the alternate payee is to receive a share of both the vested and unvested portions.
Many employees are under the impression they “own” all their retirement funds. But employer contributions may not yet be fully vested. Knowing the vesting schedule is essential to avoid disputes later.

