Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer-matching contributions. A QDRO can divide either or both, but note that employer contributions might be subject to a vesting schedule. That means only the portion that is vested (i.e., owned by the employee) can be awarded. Make sure your QDRO specifies whether the alternate payee is entitled to:
- Just employee contributions and earnings
- All vested employer contributions and earnings
- All contributions, vested or not, at the time of division

