1. Employee and Employer Contributions
It’s common for 401(k) balances to include both the employee’s and the employer’s contributions. In most QDROs, the alternate payee is awarded a portion of the total vested balance accrued during the marriage.
For example, if only a portion of the employer contributions have vested, only that portion is divisible by QDRO unless otherwise directed by the court. Be specific in your divorce judgment about how the non-vested benefits should be handled—doing nothing often results in the alternate payee losing access to unvested funds.

