1. Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching contributions. A QDRO can specify whether it covers:
- Only employee contributions, which are usually 100% vested immediately
- Both employee and employer contributions, which may have different vesting rules
Because employer portions may not be fully vested at the time of division, it’s important to define whether the alternate payee will receive only vested funds or a percentage of the whole account regardless of vesting status.

