Employee vs. Employer Contributions
In most 401(k) plans, employees contribute a portion of their salary into the plan, while employers may offer matching or discretionary profit-sharing contributions. When drafting the QDRO, make sure:
- You’re clear about whether the alternate payee is receiving a share of employee contributions only, employer contributions only, or both.
- If the employer contributions are subject to vesting, unvested amounts may not be awarded—unless they become vested before the divorce date or QDRO approval.

