Employee and Employer Contributions
401(k) plans like the Saleshive 401(k) Plan typically involve both employee deferrals and employer matching or profit-sharing contributions. The QDRO needs to clearly state whether the alternate payee (the former spouse) is receiving a portion of:
- All account balances as of a certain date
- Only vested account balances
- Only specific contribution types (e.g., employee only)
Be careful—employer contributions in some plans may be subject to a vesting schedule, meaning they aren’t entirely owned by the participant until a certain tenure is met. That brings us to the next point.

