1. Employee and Employer Contributions
401(k) accounts typically include both employee contributions and employer matches. These contributions grow over time and are often subjected to different vesting schedules. A QDRO can divide the participant’s total account balance as of a specific date, including both vested and unvested funds—but only the vested portion can legally be awarded to the alternate payee. It’s critical to verify the vesting schedule from the plan documents to determine what portion is legally divisible.

