Dividing Employee and Employer Contributions
401(k) plans generally include contributions from both the employee and the employer. In a divorce, the QDRO should specify exactly how these contributions—and any investment gains or losses—are to be shared. The division can be based on a specific dollar amount or percentage, often tied to the marriage period (called the “marital coverture fraction”).
Be aware that employer contributions may be subject to vesting schedules. If the employee spouse isn’t yet fully vested, only the vested portion is available for division. The order must distinguish between vested and unvested amounts. If you don’t account for this properly, the alternate payee could receive less than expected—or nothing at all on some employer contributions.

