1. Employee vs. Employer Contributions
Most 401(k) plans include two types of contributions:
- Employee deferrals: Taken directly from the participant’s paycheck
- Employer contributions: Match or discretionary, depending on plan terms
A QDRO can divide all types of contributions, but it has to be clear. You should specify if the alternate payee (usually the non-employee spouse) is getting a share of just the employee contributions or both. Many times, employer contributions are subject to a vesting schedule.

