Employee and Employer Contributions
Most 401(k) plans include contributions from both the employee and the employer. In divorce, the QDRO can specify the division of the total vested balance, or it can use more specific division language—such as including only the employee’s contributions, or allocating a percentage of the employer match that was vested as of a certain date (like the date of separation or divorce judgment). It’s critical to clarify what gets divided and when.

