Dividing Employee and Employer Contributions
401(k) accounts often consist of both employee and employer contributions. In most cases:
- Employee contributions are fully vested and subject to division.
- Employer contributions may be subject to a vesting schedule. Only the vested portion is divisible.
If the QDRO is silent on this point, only the participant’s vested balance will be divided. We recommend clearly specifying whether the alternate payee will receive a set dollar amount or a percentage of the vested balance.

