1. Employee vs. Employer Contributions
The total value of a 401(k) account typically includes both employee and employer contributions. However, employer contributions are often subject to a vesting schedule. For this reason, it’s important to know what portion of the account is vested and what could be forfeited if the employee leaves the company.
- Only the vested portion can be divided via QDRO.
- Unvested employer contributions may not belong to either spouse after separation.
- The QDRO can state a fixed dollar amount or percentage of the vested total.

