Employee and Employer Contributions
401(k) plans typically include both the employee’s contributions and any matching (or profit-sharing) contributions from the employer. In a QDRO, the division can apply to either:
- The full account, including employer matches, or
- Only the portion the employee personally contributed
The best approach depends on what was marital property under your state’s divorce laws. But here’s the catch: even if you award half the entire account, an alternate payee cannot receive more than what’s actually vested. That brings us to the next issue—vesting.

