Employee and Employer Contributions
A typical 401(k) plan includes both employee-paid contributions and potentially employer matching or profit-sharing contributions. These funds are usually invested through various accounts, sometimes including Roth 401(k) accounts.
In your QDRO, it’s essential to clearly outline:
- Whether the division includes just employee contributions or employer contributions too
- Whether the division applies to vested amounts only, or includes unvested balances that may vest in the future
- How earnings or losses will be traced from the date of division through the date of payout

