Employee vs. Employer Contributions
Most 401(k) plans contain a mix of employee contributions and employer matching funds. When preparing a QDRO, it’s important to clarify:
- Whether both types of contributions are being divided
- The date of division—for example, the date of separation or the date of divorce
- How gains and losses will be applied to the divided share between the separation date and the date of distribution
Some employer contributions may not be fully vested, which brings us to another critical issue.

