Employee and Employer Contribution Division
401(k) plans typically include both employee deferrals and employer contributions. A QDRO can specify what portion of each is awarded. In many divorces, the alternate payee is allocated 50% of the marital portion of the account—defined as what was earned from the marriage date to the separation date.
Employer contributions may have different rules for vesting (meaning you may not be entitled to the full account balance). The QDRO should clearly outline whether only vested balances are to be divided or if unvested amounts are included.

