Employee and Employer Contributions
401(k) plans have two sources of funds: employee contributions and employer contributions. The QDRO should clearly define whether only employee contributions will be divided, or if the former spouse is also entitled to a share of the employer match.
It’s especially important to include language that addresses:
- Only vested portions of employer contributions will be divided
- The valuation date used to determine the share (date of separation, divorce judgment, or another date)

