1. Dividing Employee and Employer Contributions
In most QDROs for 401(k) plans, the division is usually based on the account balance accrued during the marriage. The order can split the entire account or just the portion earned between marriage and separation.
- Employee Contributions: These contributions are 100% owned by the employee and always subject to division.
- Employer Contributions: These may be subject to vesting, meaning the employee must work a certain number of years to claim full ownership. Unvested amounts at the time of divorce might be forfeited and not transferable to the alternate payee.

