1. Employee and Employer Contributions
Most 401(k) plans consist of elective deferrals (employee contributions) and matching (or discretionary) employer contributions. The QDRO needs to spell out whether the alternate payee is receiving a share of:
- Just the employee contributions
- Both employee and employer contributions
Any amount that is not yet vested may be forfeited if an employee terminates employment. This is particularly relevant to employer contributions, which brings us to the next point.

