Employee and Employer Contributions
In most 401(k) plans, participants contribute pre-tax or Roth dollars (if offered), and employers may provide matching or discretionary contributions. These employer contributions are often subject to a vesting schedule.
If you’re the non-employee spouse, make sure your QDRO specifies whether you’re receiving a share of:
- All contributions (employee and employer)
- Only vested employer contributions as of the date of division
- Or only employee contributions regardless of vesting
Clarifying what is divided—and on what date—is one of the most important parts of the order.

