Employee and Employer Contributions
This plan likely includes traditional employee contributions (pre-tax or Roth) and employer contributions, which may be in the form of matching funds or stock allocations under an ESOP. Your QDRO should clearly define what portion of each should be divided.
- Employee 401(k) Contributions: These can be divided without restriction as long as the participant is vested.
- Employer Contributions: These may include a vesting schedule. Only the vested portion can be assigned to an alternate payee (the non-employee spouse).

