Employee and Employer Contributions
Most 401(k) plans consist of salary deferrals made by the employee and matching or discretionary contributions from the employer. It’s important to understand whether your QDRO seeks to divide only the employee’s contributions and earnings, or both sets of contributions (employer and employee).
The QDRO must specify whether the award to the alternate payee includes employer contributions, and whether it includes gains or losses through the date of division or distribution. It’s also essential to check if any contributions are unvested and therefore excluded.

