Employee Contributions vs. Employer Contributions
401(k) plans consist of both employee deferrals (what the participant contributes from each paycheck) and often employer contributions (such as matching or profit-sharing). In a QDRO, you can divide the total account by a set percentage, dollar amount, or according to the marital coverture fraction (what was earned during the marriage).
But here’s the catch: employer contributions may be subject to a vesting schedule. That means the employee might not “own” all employer-funded portions of the account just yet. This is critical to understand so that you’re not awarding your client a portion of funds they can’t legally receive.

