Employee and Employer Contributions
401(k) plans generally include two sources of contributions: the employee’s deferrals and employer matching or profit-sharing contributions. A proper QDRO should:
- Specify whether the alternate payee (typically the ex-spouse) is receiving a share of both employee and employer contributions
- Account for whether employer contributions are vested or unvested at the time of separation or divorce
Any unvested employer contributions might eventually be forfeited if your former spouse leaves their job—or may continue to vest after divorce. We include specific language in our QDROs to ensure you’re protected based on the applicable scenario.

