Employee and Employer Contribution Splits
Most 401(k) accounts include both employee salary deferrals and employer-matching contributions. A QDRO must clearly define whether you’re dividing the entire account or only the vested portion. If the employee (the plan participant) has unvested employer contributions, those amounts may not be payable to an alternate payee unless and until vesting occurs—or they may be excluded altogether. This is a frequent source of confusion and dispute in divorce QDROs.

