1. Employee and Employer Contribution Division
Most 401(k) accounts include contributions from both the employee and the employer. Only the vested portion of employer contributions can be divided. For this reason, the spouse dividing the account must specify whether the QDRO is targeting:
- Employee contributions only
- Employer contributions (vested only)
- Both, with a formula based on marital coverture
If you’re not sure what’s vested, we recommend requesting a copy of the participant’s benefit statement or Summary Plan Description (SPD). We’ll also review these documents as part of our service when drafting your QDRO.

