Employee vs. Employer Contributions
A basic QDRO should distinguish between contributions made by the employee and those made by the employer. In many 401(k) profit sharing plans, the employer’s match or contributions are subject to a vesting schedule. Only the vested portion of employer contributions can be awarded to the alternate payee. If you’re the alternate payee, it’s crucial to know whether your share includes just vested funds as of the date of divorce or all contributions up to that date, including non-vested amounts.

