Employee and Employer Contributions
401(k) accounts typically include both employee salary deferrals and employer matching or non-elective contributions. Most QDROs divide the entire account balance (as of a specific date) but must distinguish between vested and unvested amounts.
- If the participant is not fully vested, the alternate payee (usually the spouse) might not be entitled to any unvested employer contributions.
- Only vested balances at the time of division are payable to the alternate payee unless the QDRO specifies otherwise and the plan permits it.
The QDRO should also state whether post-divorce account growth (interest, dividends, gains) is allocated to the alternate payee’s share.

