Employee vs. Employer Contributions
With 401(k) plans, it’s critical to distinguish between the participant’s own deferrals and any employer matching or profit-sharing contributions. Some plans include generous employer contributions, which may be subject to vesting schedules. The QDRO can specify whether the alternate payee receives a share of all contributions or just the vested portion. It’s also important to request a breakdown of account values as of the date of separation or divorce to properly apportion the benefits.

