Employee and Employer Contributions
In most 401(k) plans, the account contains both employee deferrals (you or your spouse’s contributions) and employer matching contributions. While all employee contributions are fully owned by the participant, employer contributions often have vesting schedules. If part of the employer match isn’t vested at the time of divorce, that portion might not be available for division through the QDRO.
We recommend that both parties request a statement showing the account breakdown—vested vs. non-vested amounts—as close to the separation or divorce date as possible. This snapshot can help you and your attorney determine what portion is subject to division.

