Employee vs. Employer Contributions
401(k) accounts usually include contributions made by both the employee and the employer. The QDRO can specify that only marital contributions—those accrued during the marriage—be divided. You need to be careful identifying:
- Only the vested portion of the employer’s contribution—some funds may not yet belong to the employee due to vesting schedules.
- Employee contributions are always 100% vested, but be sure to define the time frame covered by the divorce decree, usually from marriage to separation.

