Employee vs. Employer Contributions
401(k) accounts often consist of contributions made by the employee and possibly matched by the employer. A QDRO can divide:
- Only employee contributions and earnings
- Employer matching contributions (if vested)
- The full account including both sources of contributions
The QDRO must clearly spell out what is being divided. If employer contributions are not fully vested at the time of divorce, the alternate payee may not have a claim to them, unless the order is written to include post-divorce vesting rights.

