Employee vs. Employer Contributions
Most 401(k) plans have two sources of funds: elective employee deferrals and employer contributions. In your QDRO, be clear on whether the division applies to just the employee’s contributions or includes vested employer contributions as well. For example:
- 50% of employee contributions and earnings from date of marriage through date of separation
- 50% of vested employer match as of date of division
Unvested employer contributions are generally forfeited once the participant terminates employment, so timing matters.

