Employee and Employer Contributions
401(k) plans typically involve two types of contributions: employee deferrals and employer matches or profit sharing. Only vested employer contributions may be divided in a QDRO. When writing the QDRO, it’s critical to identify whether the employer contributions are fully vested. If your spouse isn’t fully vested, a portion of the account may not be legally eligible for division. Also note that some QDROs mistakenly attempt to award non-existent or forfeited balances—this will be rejected by the Plan Administrator.

