Employee vs. Employer Contributions
In many 401(k) plans, both the employee and employer contribute. A QDRO needs to specify whether the alternate payee (usually the ex-spouse) is receiving a share of:
- Just the employee’s contributions
- Both employee and employer contributions
- The full account balance as of a certain date (with gains/losses)
If your spouse was contributing throughout your marriage, it’s essential to ensure the QDRO includes all relevant funds—especially if employer contributions weren’t fully vested yet.

