Employee vs. Employer Contributions
Most 401(k) plans include both the employee’s own contributions and any employer matching dollars. The QDRO must specify whether both types of contributions (and their earnings) will be divided. Some employer contributions are subject to a vesting schedule—meaning the employee may not be entitled to the full amount yet. If the participant isn’t fully vested at the time of divorce, only the vested portion can be divided via QDRO.

