Understand Employee vs. Employer Contributions
This 401(k) plan is likely to include both employee deferrals and employer matching contributions. Here’s what you should know:
- Employee Contributions: These are fully owned by the participant and can usually be divided without restriction.
- Employer Contributions: These may be subject to a vesting schedule. If you’re an alternate payee, you can only receive your share of the vested portion unless otherwise agreed in the divorce or allowed by the plan.
You’ll want to specify in the QDRO whether the alternate payee is entitled to a share of just the vested portion or future vesting as well. Most plans only honor what’s vested as of the date of division unless clearly instructed otherwise.

