Employee vs. Employer Contributions
Most 401(k) accounts include both employee deferrals and employer matching or profit-sharing contributions. While the employee’s contribution is always 100% vested, employer contributions may be subject to a vesting schedule. If your QDRO divides “total account balance,” it may include both vested and unvested employer contributions. However, the alternate payee can only receive their portion of the vested balance at the time of division.
It’s important to request a vesting schedule and current participant statement to assess how much of the account is vested. This avoids allocating funds that don’t legally belong to the participant—or to the alternate payee.

