Employee and Employer Contributions
In most 401(k) plans, the participant (employee) contributes pre-tax or Roth dollars from their paycheck. Employer contributions may be made separately or as a match. But beware — some employer contributions may not be fully vested at the time of divorce. That’s important because only vested amounts can be divided in the QDRO.
Your QDRO should address the following:
- What portion of the total account belongs to the marriage
- Whether employer contributions are included
- How to handle any unvested contributions (they are usually excluded)

