Employee vs. Employer Contributions
401(k) plans typically include an employee contribution (salary deferrals) and employer contributions (often matching or discretionary). The QDRO must clearly specify whether the alternate payee is receiving a share of:
- Only employee contributions
- Employee plus vested employer contributions
- A pro-rata share of all balances
Note that any unvested employer contributions typically remain the property of the participant. If the participant leaves the company before becoming fully vested, the unvested portion may be forfeited and unavailable to either party.

