Employee and Employer Contributions
This 401(k) plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. When preparing a QDRO, it’s vital to state whether the non-employee spouse is awarded a portion of:
- Only employee contributions
- Both employee and employer contributions
Employer contributions might be subject to a vesting schedule, which impacts what portion can actually be divided. If the employee isn’t fully vested at the time of divorce, the non-participant spouse may be awarded less than expected unless this is accounted for properly in the order.

