Employee vs. Employer Contributions
One common issue in dividing a 401(k) plan is understanding the difference between amounts the participant contributed and what the employer contributed. The QDRO can award the alternate payee a portion of:
- The total account balance as of a specific date
- Only the employee’s (participant’s) contributions
- Both employee and employer contributions that are vested
Many participants don’t realize that employer contributions may not be fully theirs to divide—they’re often subject to vesting schedules.

