Employee vs. Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer-matching or profit-sharing contributions. It’s crucial to clarify whether the QDRO is dividing:
- Just the employee’s contributions
- The full vested balance (including employer contributions)
- Only the marital portion accrued during the marriage
If employer contributions are subject to a vesting schedule, any unvested portion may be forfeited and excluded from the alternate payee’s share unless handled carefully in drafting.

