Employee and Employer Contributions
401(k) plans generally include both employee deferral contributions and employer matching or discretionary contributions. A QDRO must specify how these are divided—typically as a flat dollar amount or a percentage of the participant’s balance as of a specific date (commonly the separation or divorce date).
Employer contributions also come with a catch: they may be subject to a vesting schedule. Only vested amounts can actually be divided. If the participant has unvested employer contributions at the time of divorce, those funds will not be part of the distribution to the alternate payee.

