Employee and Employer Contributions
Most 401(k) plans include both employee contributions (pre-tax or Roth) and employer contributions (often matching or profit-sharing). These contributions may be fully or partially vested depending on the plan’s rules.
Here’s what to do:
- Ensure the QDRO references both vested and unvested employer contributions, if applicable.
- Decide whether the alternate payee’s share applies only to vested balances or also to future vesting.
- Use clear phrasing — instead of a percentage of the “account,” specify how both contribution types should be handled.

