Dividing Employee and Employer Contributions
QDROs for 401(k) plans often divide the account based on “account balances as of a specific date.” Make sure you clearly define whether the alternate payee is entitled to:
- Only employee contributions, or
- Both employee and employer contributions
Many employer contributions are subject to vesting. If the participant isn’t fully vested, the alternate payee may only be entitled to the vested portion unless otherwise agreed. That’s why reviewing account statements and the plan’s Summary Plan Description (SPD) is important when preparing the QDRO.

