Employee and Employer Contributions
This plan includes both employee 401(k) contributions and employer profit-sharing contributions. A QDRO must specify whether the alternate payee is receiving a portion of just the participant’s contributions, just the employer’s contributions, or both.
Employer contributions often come with a vesting schedule, meaning the employee only gains full rights to those amounts after meeting service requirements. If the divorce occurs before full vesting, the alternate payee can only receive a share of the vested balance. Unvested amounts typically revert to the plan if not earned by the participant.

