Employee and Employer Contributions
In a QDRO for a 401(k), you can award part of the participant’s total account balance, which includes both employee contributions and employer matching contributions. But here’s the catch: not all employer contributions are automatically yours. If the plan has a vesting schedule (as many corporate plans do), only vested employer contributions can be divided at the time of divorce. Contributions that aren’t vested may be forfeited if the participant leaves the company.

