1. Employee and Employer Contributions
401(k) accounts typically include:
- Employee deferrals – contributions withdrawn from the participant’s paycheck
- Employer matching contributions – amounts the company adds, often subject to a vesting schedule
In most cases, the QDRO can award the alternate payee a portion of both types. However, only the vested portion of employer contributions is legally divisible. You must confirm the participant’s current vesting percentage before setting a division date.

