Employee and Employer Contributions
In 401(k) plans, both the employee and the employer may contribute. A properly drafted QDRO for the Outreach, Inc.. 401(k) Retirement Plan should address whether the alternate payee is receiving a share of:
- Only the participant’s contributions (and earnings)
- Employer contributions (if vested)
An important note: Employers often impose a vesting schedule on their contributions. Only the vested portion can be divided in a QDRO. If any employer contributions are unvested at the time of divorce, those amounts generally cannot be awarded to the alternate payee.

