1. Employer vs. Employee Contributions
401(k) plans include both employee deferrals (the money the worker contributes from their paycheck) and possible employer contributions (like matches or profit sharing). In a QDRO, the division can include:
- Only the employee’s contributions
- Employee and employer contributions — vested only
- Gains and losses up to the date of distribution
It’s essential to clarify exactly which pieces of the account the alternate payee will receive. If the employer’s contributions aren’t fully vested yet, those unvested amounts may be excluded, depending on the divorce timing and plan rules.

