Division of Contributions
401(k) accounts include both employee contributions (from the participant’s paycheck) and employer contributions (matching or discretionary). A QDRO can specify the division of just the participant’s contributions, or both participant and employer funds. You’ll want to know:
- What portion of employer contributions has vested
- Whether employer funds were based on a vesting schedule
- Whether gains and losses will be included in the alternate payee’s (usually the ex-spouse’s) share

