1. Dividing Employee and Employer Contributions
A typical 401(k) includes both employee salary deferrals and employer contributions. These should be clearly addressed in the QDRO. Generally:
- Employee contributions and related earnings are fully divisible.
- Employer contributions may be subject to a vesting schedule.
If the participant is not fully vested, the alternate payee can only receive the vested portion as of the division date. Unvested amounts must be excluded, or the plan will reject the QDRO.

