1. Addressing Employee and Employer Contributions
In most 401(k) plans, both the employee (participant) and the employer make contributions. The QDRO should clearly state whether the alternate payee will receive a portion of:
- Only the employee contributions, or
- Both employee and employer contributions (typically the default)
This plan may have a vesting schedule, meaning employer contributions may not be fully owned by the participant until they’ve worked a certain number of years. The QDRO should specify that only vested amounts will be divided.

