1. Employee and Employer Contributions
Participants often contribute their own salary deferrals to the 401(k), while the employer may make matching or discretionary contributions. A typical QDRO for The Essential Access Health Employee Retirement Plan will need to spell out whether:
- The alternate payee gets only a portion of the employee’s own contributions
- The alternate payee is also entitled to employer contributions (either vested or non-vested)
Many plan administrators will not allow transfer of non-vested amounts. Your QDRO must be carefully worded to reflect what is distributable now versus in the future, if vesting occurs later.

