Employee vs. Employer Contributions
A 401(k) like this often includes both employee deferrals and employer profit-sharing contributions. When dividing the account:
- Employee contributions are usually fully vested and can be divided as of a set valuation date (typically the date of divorce or another agreed date).
- Employer contributions may be subject to a vesting schedule, meaning a spouse may only be entitled to the vested portion as of the valuation date.
QDROs must specify whether the alternate payee (the receiving spouse) is getting a portion of the total balance or just the vested portion.

