1. Employee vs. Employer Contributions
In most 401(k) plans, employees make contributions directly from their paychecks, and employers match a portion. It’s important to understand how much of the balance came from each party—especially regarding vesting rules (more on that below). When drafting your QDRO, be sure to address whether the alternate payee has a claim to:
- Just the employee’s contributions
- Both employee and vested employer contributions
The plan administrator for the Onyx Contractors, L.p. Profit Sharing & 401(k) Plan will generally only allow division of vested amounts, so make sure vesting is reviewed carefully.

