Dividing Employee and Employer Contributions
A 401(k) plan often includes both employee deferrals and employer matching contributions. One critical issue in drafting your QDRO is whether to divide only what the participant contributed or the total account including matches.
Unless the court specifically says otherwise, most QDROs cover the full vested balance—including employer contributions that have become nonforfeitable. However, anything unvested at the time of the divorce is usually excluded, which makes understanding the plan’s vesting schedule very important.

