1. Employee vs. Employer Contributions
A 401(k) plan commonly includes both employee deferrals and employer contributions like matches or profit-sharing. In the QDRO, you can decide whether the alternate payee receives a portion of:
- Just the employee’s contributions (and earnings)
- The total account balance, including vested employer contributions
Employer contributions may have specific vesting requirements. If some of those contributions are not yet vested, the alternate payee’s potential benefit could be reduced.

