1. Employee and Employer Contribution Division
In most QDROs for 401(k) plans, the alternate payee (typically the non-employee spouse) receives a percentage or flat dollar amount of the participant’s account. It’s important to specify which portions that includes:
- Employee Elective Deferrals: These are almost always 100% vested and divisible.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion as of the cutoff date can be divided.
If the divorce settlement divides 50% of the 401(k), it’s crucial to make sure that you’re not accidentally trying to divide non-vested funds—those aren’t transferable.

