Employee and Employer Contributions
401(k) plans usually include two types of contributions: those made by the employee and those made by the employer. Most courts order the division of the account based on the date of marriage and the date of separation or divorce. It’s important to clarify in the QDRO whether the alternate payee will receive a percentage of:
- Just employee contributions
- Both employee and vested employer contributions
- All contributions, including unvested employer funds (subject to forfeiture rules)

