Employee vs. Employer Contributions
Many 401(k) plans include both the employee’s pre-tax contributions and matching amounts contributed by the employer. Be very clear in the QDRO whether the alternate payee is receiving a share of:
- Just the participant’s contributions
- Both the participant’s and employer’s contributions
- The current vested balance only or any future vesting
This matters because employer contributions may not be fully vested at the time of divorce. The QDRO needs to clarify what happens with unvested amounts.

