Employee vs. Employer Contributions
401(k) accounts accumulate through both employee deferrals and, often, employer contributions. In a QDRO, you can specify if the alternate payee (usually the non-employee spouse) will share in both types—or only in the contributions made during the marriage period.
- Employee Contributions: Usually fully vested and divisible.
- Employer Contributions: May be subject to vesting. Only vested amounts can be divided by QDRO.

