Employee and Employer Contributions
In 401(k) plans, the account value usually includes employee contributions (which belong 100% to the employee) and employer contributions (which may or may not be fully vested). Your QDRO must address how to divide:
- Employee deferrals
- Employer matching or discretionary contributions
- Any investment earnings or losses on both types during the marriage period
If employer contributions aren’t fully vested, they may be forfeited—meaning the alternate payee wouldn’t receive that portion. Your attorney should clarify whether you want to include only vested amounts or take a “coverture” approach that divides all future vesting as well.

