Employee and Employer Contributions
Most 401(k) accounts are made up of employee contributions as well as employer matches or contributions. In the QDRO, you must determine if the division includes:
- Just employee contributions
- Employee + employer contributions
- Portions based on employment dates tied to the marriage
Employer contributions may be subject to vesting schedules. It’s possible some of these funds aren’t fully yours—or your former spouse’s—to divide until a certain length of service has been met.

