Employee vs. Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer matching or profit-sharing contributions. When drafting your QDRO, you’ll need to make sure it clearly states whether the division includes:
- Employee contributions only
- Employee plus vested employer contributions
- All contributions regardless of vesting
Since employer contributions may be subject to a vesting schedule, it’s important to clarify what’s been earned and what is subject to forfeiture.

