Employee and Employer Contributions
This type of 401(k) likely includes pre-tax elective deferrals from employees (the participant) and potentially employer matching or profit-sharing contributions. A QDRO must specify whether the alternate payee (usually the former spouse) receives a share of:
- Only employee contributions
- Both employee and vested employer contributions
It’s vital to determine whether those employer contributions were vested as of the date used for division. If the participant isn’t fully vested, the alternate payee may receive less than expected.

