Employee vs. Employer Contributions
Most 401(k) plans have both employee contributions (what the participant sets aside from their paycheck) and employer contributions (company matches or profit-sharing). The QDRO must clarify whether the alternate payee receives a share of:
- Only employee contributions
- Both employee and vested employer contributions
Unvested employer contributions are not always available to the alternate payee and may be forfeited if the participant terminates employment prior to full vesting. It’s important to confirm the vesting schedule with the plan administrator.

