Division of Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. The QDRO must clearly indicate whether the division applies to:
- Only employee contributions
- Both employee and employer contributions
In some cases, employer contributions could be subject to a vesting schedule (see below). If you’re the Alternate Payee, it’s critical to understand how much of the employer contributions were vested as of the cutoff date (usually the date of separation or divorce).

