Dividing Employee and Employer Contributions
401(k) plans often include employee deferrals and employer matching or profit-sharing contributions. In the Sphere Technology Solutions 401(k), a QDRO needs to clearly state whether the Alternate Payee will receive a portion of:
- Just the employee contributions
- Employee and vested employer contributions
- The full account balance as of a specific date with gains and losses
The former spouse typically doesn’t receive unvested employer contributions, although the QDRO may need to state that explicitly to avoid confusion.

