Employee and Employer Contributions
In a typical 401(k), both the employee and the employer contribute funds. In divorce, the QDRO can assign a percentage or flat dollar amount of the account to an “alternate payee” (usually a spouse).
For example, if an employee contributed $50,000 and the employer contributed another $15,000 that’s partially vested, only the vested portion can be divided in the QDRO. It’s important to reflect whether the alternate payee is receiving a share of all contributions or just what’s vested at the time of divorce or distribution. That distinction makes a big difference.

