1. Dividing Employee and Employer Contributions
401(k) plans typically include contributions from both the employee and the employer. Many people assume the whole account is easily split, but only vested employer contributions are available to be divided under a QDRO.
- Employee contributions: 100% owned by the participant and available for division.
- Employer contributions: May be subject to a vesting schedule, which means some of these funds might not be available if they weren’t vested on the date of divorce or the date the QDRO is effective.
Make sure to base your QDRO on the participant’s vested balance—especially if the division is based on a percentage of the total account or if certain assets are excluded.

