Employee vs. Employer Contributions
401(k) plans are funded with both employee deferrals and often employer matching or discretionary contributions. The QDRO will need to clearly state whether:
- Only the employee’s contributions and earnings will be divided
- Employer matching contributions are also included
Employer contributions may be subject to a vesting schedule. If your spouse has not met the vesting requirements, the unvested portion may not be divisible. It’s important to request a participant statement that breaks out the vested and unvested amounts.

