Dividing Employee and Employer Contributions
401(k) accounts are typically funded by both the employee and the employer. In most divorces, the division is based on either a dollar amount or a percentage of the participant’s account balance as of a specific date, usually the date of separation or divorce.
Employer contributions often have a vesting schedule. If some or all of the employer match isn’t vested yet, the QDRO should clarify whether the alternate payee receives only vested amounts or any portion of potentially forfeitable balances.

