Dividing Employee and Employer Contributions
Most 401(k) plans allow for contributions from the employee (elective deferrals) and the employer (profit-sharing or matching contributions). Here’s what you need to know:
- If a QDRO seeks 50% of the total balance, it typically includes both the employee and employer contributions as long as those amounts are vested.
- Employer contributions may be partially unvested depending on how long the participant has been with the company, which means the alternate payee may not be entitled to those amounts unless otherwise agreed.

