Employee and Employer Contributions
401(k) accounts often have both employee and employer contributions. Your QDRO must clearly state whether the division applies to:
- All contributions (employee and employer past and future)
- Only vested employer contributions
- Only the employee’s contributions (plus gains/losses)
Unvested employer contributions typically stay with the participant unless otherwise stated or negotiated. Be sure to clarify this in your settlement before drafting begins.

