Employee vs. Employer Contributions
In most 401(k) plans, employees contribute a portion of their salary (traditional or Roth), and employers sometimes match part of those contributions. When drafting the QDRO, you’ll want to decide whether the alternate payee receives a share of:
- Only employee contributions
- Employee plus vested employer contributions
- Employer contributions regardless of vesting
Keep in mind: if the QDRO gives the alternate payee part of non-vested employer contributions, the final payout may be less than expected.

