Employee and Employer Contributions
401(k) accounts typically include both employee deferrals and employer matching or profit-sharing contributions. A QDRO can divide the total account value up to a certain date (usually the divorce or separation date), including vested employer contributions. Keep in mind that:
- Only vested employer contributions may be divided.
- Unvested portions generally stay with the employee spouse.
- The QDRO should detail how gains and losses are allocated after the valuation date.

