1. Employee and Employer Contributions
401(k) plans usually include both employee and employer contributions. Participants fund the plan with salary deferrals, while the employer may add matching or profit-sharing contributions. A QDRO should specify whether the alternate payee is receiving a share of only the employee’s contributions or the full account, including the employer’s portion. If the employer contributions aren’t fully vested, special language may be needed to address how unvested funds are treated.

