Employee vs. Employer Contributions
401(k) plans generally include both employee salary deferrals and employer matching or profit-sharing contributions. The QDRO must make it clear whether it divides:
- Just the employee contributions
- Both employee and employer contributions
- All earnings and losses through the date of transfer
If the employer contributions are not fully vested at the time of divorce, the alternate payee may only receive a portion based on the vested balance. Always confirm the vesting schedule before finalizing QDRO language.

