Employee vs. Employer Contributions
Most 401(k) plans include employee deferrals and possibly employer matching contributions. Dividing these properly requires knowing both the source and status of each type. In your QDRO for the Tailing Companies 401(k) Plan, you should:
- Specify whether the alternate payee receives a portion of employee contributions only or both employee and employer contributions
- Identify how to handle any investment gains or losses on the assigned portion
If the participant’s employer made contributions that are not fully vested, those may not be available for division.

