Employee vs. Employer Contributions
401(k) plans often involve both employee contributions and employer matching contributions. The QDRO must specify whether the alternate payee is entitled to:
- Only the participant’s contributions and earnings
- A portion of the employer match (if vested)
- Both types of contributions, subject to vesting rules
If the plan includes profit-sharing or discretionary employer contributions, the QDRO should also state how those are to be handled.

