Employee and Employer Contribution Division
Both the employee and the employer may contribute to this 401(k) account. In a divorce, it’s common to divide all vested amounts as of a specific cutoff date (usually the date of separation, mediation, or divorce filing). But employer contributions often follow a vesting schedule. If the participant isn’t fully vested, the alternate payee might receive less than half of the current balance.
When drafting your QDRO, you must clearly state:
- Whether you are dividing the account by percentage or specific dollar amount
- The valuation date (when the division applies)
- Whether you include or exclude employer contributions

