Employee Contributions vs. Employer Contributions
401(k) plans have both employee salary deferrals and employer matching or discretionary contributions. Both types of contributions can be divided in a QDRO, but often employer contributions are subject to a vesting schedule. That means the participant doesn’t own the full amount unless they meet certain years of service. When drafting your QDRO, make sure it clearly explains whether the division includes just the vested portion or is based on contributions made during the marriage.

