Employee and Employer Contributions
Most 401(k) plans include both employee elective deferrals and employer matching or profit-sharing contributions. Under your QDRO, you can divide:
- All or a portion of the account balance accrued during the marriage
- Only the marital portion, excluding pre-marital contributions
- Only vested amounts, as most QDROs cannot grant the non-employee spouse rights to unvested employer contributions
Be sure to identify whether your QDRO request includes only vested amounts or if you want to explore ways to handle partially vested benefits.

