Employee and Employer Contributions
In a 401(k) plan, both the employee and employer contribute funds to the account. The QDRO must clarify whether the alternate payee (usually the former spouse) will receive a share of:
- Only the employee’s contributions
- Both employee and employer contributions
- Only the vested portion of the employer contributions
Because 401(k)s can have vesting schedules for employer contributions, the timing of the divorce and the order’s terms can affect what portion, if any, the alternate payee receives from the employer match.

