Employee vs. Employer Contributions
401(k) plans typically consist of:
- Employee deferrals – Contributions directly from the participant’s paycheck
- Employer contributions – Matching or profit-sharing amounts paid in by the company
In a typical QDRO, the alternate payee (usually the ex-spouse) is awarded a portion of the total account—both employee and employer funds. But this assumes that all amounts are vested. If part of the employer contributions is still unvested, they may be excluded from the division.

