1. Employee and Employer Contributions
In most 401(k) plans, employees make pre-tax contributions, and employers often provide matching contributions up to a certain percentage. The Investing Together in Your Future Plan likely includes this structure. A QDRO can specify whether the alternate payee receives a portion of just the employee contribution, or both the employee and the employer’s matching funds.
Be cautious—some employer contributions are only partially vested depending on tenure. Your QDRO should clarify whether only vested amounts as of the date of divorce (or valuation date) will be divided.

