Employee and Employer Contributions
The QDRO should clearly define whether the alternate payee (non-employee spouse) receives a portion of just the employee’s contributions, or both the employee and employer contributions. Many plans like the Executive Delivery, Inc. 401(k) Plan include matching employer contributions, which may come with vesting rules. If the participant spouse is not fully vested, some of those employer contributions may be forfeited—something to account for in the QDRO language.

