1. Employee and Employer Contributions
A 401(k) plan typically consists of two parts: contributions made by the employee and those made by the employer. In divorce, the QDRO can request division of:
- Just the employee’s contributions and earnings
- Both employee and vested employer contributions
Keep in mind that employer contributions may be subject to a vesting schedule. If the employee spouse hasn’t met the vesting requirements at the time of divorce, the non-employee spouse may not be entitled to a portion of those contributions. This timing is critical during QDRO planning.

