Employee vs. Employer Contributions
Participants contribute their own money to a 401(k), but many employers, like Tennis equities, Inc.. employee savings plan, may also contribute matching or discretionary amounts. QDROs need to be clear:
- Will the alternate payee receive a share of just the participant’s contributions, or employer contributions as well?
- Are only vested employer contributions being split, or unvested amounts expected to vest?
The QDRO must address all of this clearly to avoid delays or disputes with the plan administrator. We always recommend specifying the division as of a specific date (such as the date of divorce or separation). This helps prevent confusion about market fluctuations.

