Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching contributions. A proper QDRO will clarify whether the alternate payee is entitled to:
- A share of only the participant’s contributions
- Employer contributions made during the marriage
- Investment gains and losses on those amounts
Remember, employer contributions may not be fully vested. If the participant is not 100% vested at the time of divorce, the percentage the alternate payee may receive could be limited. It’s crucial the QDRO includes language referencing the vesting schedule.

