Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or profit-sharing contributions. A good QDRO will specify whether the alternate payee receives a portion of:
- Just the employee’s contributions
- Employer contributions that are vested
- Both, regardless of vesting
Because vesting schedules can vary—even within the same plan—it’s important to get a Statement of Benefits from the Plan as of the divorce date. Employer contributions that are not vested may revert to the Plan if not properly addressed.

