Employee and Employer Contributions
Most 401(k) balances are made up of personal contributions made by the employee, along with matching or non-elective contributions from the employer. The QDRO can apply to the total account or just a portion, but you should specify if the order is dividing:
- The entire balance as of a certain date
- Only the marital portion (for example, only contributions made during marriage)
It’s also important to determine whether the employer contributions are fully vested. That leads to the next point.

