Employee Contributions vs. Employer Contributions
In most 401(k) plans, employees contribute pre-tax or post-tax funds from their paycheck, while the employer may match contributions under certain conditions. A well-drafted QDRO should clarify whether the alternate payee is receiving a share of:
- Only the employee’s contributions
- Only the vested portion of employer contributions
- Both employee and vested employer contributions
If the participant’s employer contributions are not yet fully vested, the QDRO should include language to address what happens if more of those contributions vest after the divorce but before the distribution is made.

