Employee vs. Employer Contributions
In this type of 401(k) plan, both the employee and employer may contribute to the account. During divorce, it’s crucial to clarify whether the alternate payee (usually a former spouse) is entitled to a share of:
- Employee contributions only
- Employer contributions as well
- Both, including earnings and losses
The QDRO must clearly state whether it includes solely vested funds or anticipates future vesting events. Unvested employer contributions are frequently missed, and if not addressed, the alternate payee could lose that portion entirely.

