Employee vs. Employer Contributions
Not all contributions to a 401(k) are created equal. The QDRO must spell out whether the alternate payee (the spouse receiving a portion of the funds) will receive:
- Only employee contributions (from your spouse’s paycheck)
- Employer matching contributions, if any
- Investment earnings on those contributions
If your ex-spouse’s plan includes employer matching contributions, those may be subject to a vesting schedule. Determine what portion is actually “vested” at the time you divide the plan—any unvested funds may not be available to split.

