Employee and Employer Contributions
All 401(k) accounts include employee contributions, and many include employer match contributions. The QDRO must clearly state the portion of the account that belongs to the alternate payee. Here’s what to consider:
- The value of the account as of a specific date (usually date of separation or divorce)
- Whether contributions continued after that date
- If unvested employer contributions should be included or excluded
If employer contributions are subject to a vesting schedule, only the vested portion is typically divisible in the QDRO unless agreed otherwise.

