1. Employee vs. Employer Contributions
Most 401(k) accounts include both employee deferrals and employer contributions. Only the amounts contributed and the associated investment gains through the date of divorce—or any other official division date—are subject to division through a QDRO.
The non-employee spouse might be entitled to:
- A percentage of the employee’s contributions and investment gains
- A portion of the vested employer match
- A potentially smaller amount—or nothing—of the unvested employer match

