Employee vs. Employer Contributions
In most 401(k) plans, the account balance includes deposits made by both the employee (participant) and their employer. The QDRO can assign a portion of either or both types of contributions to the non-employee spouse, depending on your divorce judgment. However, employer contributions often come with a vesting schedule, which determines how much of the employer’s contributions the participant actually owns based on years of service. Only the vested portion can be assigned in a QDRO.

