1. Employee and Employer Contributions
401(k) plans are funded by both employee deferrals and employer matching or profit-sharing contributions. These amounts accumulate in the participant’s account and can grow independently based on the plan’s investment performance.
A QDRO should clearly specify whether the alternate payee receives a share of just the employee contributions or both employee and employer-funded amounts. The inclusion of employer contributions may also depend on vesting status at the time of divorce or division.

