Employee and Employer Contributions
Most QDROs involving 401(k) accounts need to specify whether the alternate payee (typically the former spouse) is receiving a share of:
- The entire account balance (including employee and employer contributions)
- Only vested balances
- Only pre-marital or post-marital portions
Employer contributions often come with a vesting schedule. If the participant isn’t fully vested at the time of divorce, the former spouse may not receive those amounts now—or possibly ever.

