1. Employee and Employer Contributions
This plan almost certainly includes employee deferrals and employer contributions (likely profit sharing or matching). A QDRO must specify whether the alternate payee receives a share of just the employee’s account, or both employer and employee contributions.
It’s critical to know the plan’s vesting schedule. Most 401(k)-style employer contributions are subject to vesting, meaning the participant must work a certain number of years before they fully own those funds. The alternate payee can only receive a share of vested funds.

