1. Division of Employee vs. Employer Contributions
401(k) plans usually include two types of contributions: those you make (employee) and those your employer makes (matching or discretionary). The QDRO for the Reliance Family Care Inc. 401(k) can specify that the alternate payee (typically the non-employee spouse) receive a share of:
- Only the employee contributions
- Only the employer contributions that are vested
- Both types of contributions
Keep in mind that employer contributions often have a vesting schedule. If the employee spouse is not fully vested, part of the employer contributions may be forfeited and not divisible under the QDRO.

