1. Employee vs. Employer Contributions
In most 401(k) plans, the account balance may include both employee (participant) contributions and employer match contributions. In a divorce, QDROs can be written to divide:
- Just the employee’s contributions
- Employee and vested employer contributions
Unvested employer contributions may be forfeited if the participant leaves employment before meeting vesting requirements. If you’re the alternate payee, you should ask whether your share includes just vested amounts or if any part is subject to future vesting.

