Employee and Employer Contribution Division
401(k) plans can include both employee salary deferrals and employer contributions. Your QDRO should clearly state whether the alternate payee is receiving a share of:
- Employee contributions (these are always 100% vested)
- Employer matching contributions (usually subject to a vesting schedule)
Unless you specifically address employer contributions, you risk losing a portion of what you’re entitled to—especially if those contributions are partially vested at the time of divorce.

