1. Employee vs. Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer matching contributions. These amounts can be treated differently in divorce proceedings. The QDRO should clearly state whether the alternate payee receives a portion of:
- Employee contributions only
- Employer contributions that are vested
- Future contributions or just what’s accumulated as of a specific date
Clarity here is key, especially when the participant’s account includes a mix of both sources.

