Employee vs. Employer Contributions
401(k) plans include both employee salary deferrals and employer contributions. A QDRO can divide any part of the account—subject to what’s “vested.” That means your order can award the alternate payee a portion of:
- Pre-tax employee contributions
- Roth contributions
- Employer matching or profit-sharing, as long as vested
Be careful: Unvested employer contributions belong to the employee-spouse alone and cannot be awarded under a QDRO. The vesting schedule is usually determined by years of service, and you’ll need to confirm what was vested as of the cut-off date for division (usually the divorce date).

