Employee Contributions vs. Employer Contributions
401(k) accounts typically include both employee salary deferrals and employer contributions (such as matching or profit-sharing). In your QDRO, you’ll need to specify if the division applies to:
- All contributions (employee + employer)
- Only the vested balance
- Only contributions made during the marriage
Unvested employer contributions can complicate things. If your QDRO doesn’t address whether unvested amounts are excluded or included, it could lead to disputes later.

