Employee vs. Employer Contributions
401(k) accounts typically contain both employee salary deferrals and employer contributions. A well-drafted QDRO should specify exactly how both types of contributions are to be divided between the participant (employee) and the alternate payee (usually the former spouse).
For example:
- The QDRO can award 50% of the marital portion of employee contributions plus gains and losses.
- Employer contributions may be subject to vesting schedules. Only the vested portion can be divided.

