Employee vs. Employer Contributions
In most 401(k) plans, participants contribute a portion of their salary and the employer may match or make additional contributions. The QDRO needs to address:
- Are both types of contributions being divided? Some spouses agree to divide just the employee contributions (since they come directly from wages), while others include employer matching amounts.
- Are employer contributions fully vested? If not, the alternate payee (usually the former spouse) may not be entitled to those funds unless they vest before the division.

