1. Employee and Employer Contributions
401(k) accounts grow from both employee deferrals and employer contributions. A QDRO can divide one or both parts, depending on what was agreed to in the divorce judgment.
- If the divorce settlement says the alternate payee receives 50% of the total account, that typically includes contributions from all sources.
- However, if the QDRO isn’t written carefully, it might only apply to vested amounts or exclude specific types of contributions. That’s why precision matters.

