1. Employee vs. Employer Contributions
One of the first things to determine in a QDRO is what portions of the account are divided. 401(k) accounts often include separate segments:
- Employee contributions: Amounts the participant contributed from their paycheck
- Employer contributions: Matching or discretionary contributions from the employer
Dividing the full account typically includes both parts—but the employer match may be subject to vesting, which could affect what the alternate payee (the ex-spouse receiving plan benefits) is entitled to receive.

