Employee vs. Employer Contributions
In most 401(k) plans, participants may have two types of contributions: employee deferrals and employer matching or profit-sharing. A QDRO can—and should—specify whether the alternate payee (usually the former spouse) will receive a share of just the employee contributions or also a portion of employer contributions. Since employer contributions are often subject to vesting schedules, timing becomes very important. We recommend confirming whether the contributions are fully or partially vested at the time of division.

