Employee vs. Employer Contributions
Most 401(k) plans — including this one — include both employee contributions and employer matching or profit-sharing contributions. In your QDRO, you’ll need to decide:
- Whether to divide only employee contributions (typically 100% vested)
- Whether to include employer contributions (may be partially or fully unvested)
Employer contributions are often subject to a vesting schedule, so the division must be carefully worded to reflect only vested amounts — otherwise, the alternate payee may be awarded benefits they’re not entitled to.

