1. Employee and Employer Contributions
401(k) plans typically include contributions from the employee and, in some cases, additional contributions from the employer (like matching or profit sharing). The QDRO must clearly state whether the alternate payee is receiving:
- A portion of just the employee contributions
- A portion of both employee and fully vested employer contributions
- Any future contributions (rare but sometimes ordered)
The timing of divorce is crucial. Only vested employer contributions can be divided unless the employee remains employed long enough for more vesting to occur.

