Employee and Employer Contributions
401(k) accounts typically include both employee salary deferrals and employer contributions. The QDRO should clearly state whether the alternate payee will receive a portion of:
- Only the employee’s contributions
- The combined total of employee and employer contributions
A common issue we resolve is the division of only the vested portion of employer contributions. If your spouse hasn’t met vesting rules, the unvested portion may be forfeited and unavailable for distribution.

