1. Employee vs. Employer Contributions
With 401(k) plans, contributions usually come from both the employee and the employer. But that doesn’t mean both portions are automatically divisible. The QDRO must specify whether the alternate payee is receiving a share of:
- Just the employee contributions
- Employer matching contributions as well
- All gains or losses on those amounts
If your spouse was not yet vested in the employer match at the time of divorce, you may not be eligible to receive that match. This is why reviewing the vesting schedule is so important.

