1. Employee and Employer Contributions
It’s common for a 401(k) plan to include both employee deferrals and employer matches. The QDRO can award a percentage or a set dollar amount of the total account, or only specific portions. Some spouses divide only the employee contributions; others want a share of employer-funded benefits as well.
For example, if the employer match is subject to vesting—and you divide the account today—you might not receive the full amount if some of it is unvested. That’s why the timing of the QDRO is important. A good QDRO should specify whether the award includes or excludes employer contributions, and whether it will adjust based on future vesting.

