Employee and Employer Contributions
401(k) plans usually include two types of contributions: those made by the employee and those made by the employer, often contingent on a matching scheme. In some cases, employer contributions may not be fully vested. This means if your spouse earned a portion of employer matching funds but isn’t fully vested, only the vested portion can be divided.
In a QDRO for this plan, we recommend specifying the division of:
- 100% of the participant’s account as of a specific date, or
- A specific dollar amount or percentage of the marital portion, typically from the date of marriage to the date of divorce
Your attorney or QDRO provider should request the plan’s vesting schedule to determine how much of the employer contributions are legally divisible.

