1. Treatment of Employee and Employer Contributions
In most 401(k) plans, employees contribute from their paychecks, and employers may match a portion of those contributions. The QDRO must specify whether the Alternate Payee receives a share of:
- All contributions (employee + employer)
- Only vested employer contributions
- Only participant contributions as of the date of division
Important: If this plan includes a vesting schedule—which is common for matched employer contributions—unvested amounts may be unavailable to the Alternate Payee depending on the timing of the divorce.

