Division of Employee and Employer Contributions
This plan, like most 401(k) plans, includes both employee salary deferrals and possible employer matching or profit-sharing contributions. The QDRO must state whether the former spouse is entitled to a share of just employee contributions or both employee and employer contributions.
Keep in mind: employer contributions may be subject to a vesting schedule. If the participant is not fully vested, the alternate payee may not be entitled to the full employer portion. That’s why it’s important to request a copy of the plan’s vesting schedule when negotiating the divorce terms and drafting the QDRO.

