Employee and Employer Contributions
It’s important to distinguish between employee and employer contributions when dividing a 401(k)-type plan such as this one. The QDRO should clearly specify whether the alternate payee is entitled to:
- Only the participant’s contributions
- Both employee and any vested employer contributions
- Gains or losses from the valuation date until the date of segregation or distribution
Employer contributions often come with vesting schedules. That brings us to the next issue—how to handle unvested funds.

