1. Understanding Employee and Employer Contributions
401(k) plans generally include two types of contributions: those made by the employee and those made by the employer. Only the vested portion of employer contributions can be divided in divorce.
You’ll want to make sure:
- The QDRO identifies whether the division covers just employee contributions, or both employee and employer contributions.
- The division date is clearly defined — typically the date of separation, divorce filing, or a specific court-approved date.
- The QDRO accounts for any vesting schedules relevant to employer contributions.

