Employee and Employer Contributions
Most 401(k)s like the Innovative Systems, Inc.. 401(k) Plan include both employee deferrals and employer-matching contributions. Your QDRO must specify whether the alternate payee (typically the non-employee spouse) is to receive a share of:
- Just the employee’s contributions
- Both employee and vested employer contributions
- Earnings and gains/losses on those contributions through the date of distribution
We usually recommend including both vested employee and employer contributions unless otherwise specified in the divorce judgment.

