1. Employee vs. Employer Contributions
401(k) balances typically consist of contributions made by both the employee (deferring income) and the employer (matching or discretionary contributions). In your QDRO, you’ll need to define whether both sources of funds are being divided—or only the participant’s portion.
- Employee Contributions: Usually 100% vested. These are easy to divide and track.
- Employer Contributions: May be subject to a vesting schedule. If your spouse wasn’t fully vested at the time of divorce, a portion of the employer match may be excluded from division.
Make sure you understand how much of your spouse’s employer match was vested on the date of marital separation or divorce judgment.

