1. Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (what the worker puts in directly) and employer contributions (like matching or profit-sharing). The QDRO must specify whether the alternate payee will receive a share of:
- Only the employee’s contributions
- Both employee and employer contributions
- Any investment earnings on those contributions
Tip: In many cases, employer contributions are subject to a vesting schedule. If those amounts aren’t fully vested, the alternate payee won’t receive them. The QDRO should make this clear to avoid misunderstandings.

