Splitting Employee and Employer Contributions
Most 401(k) accounts include both employee and employer contributions. A QDRO can divide both types, but it’s crucial to know how they’re tracked. Contributions made during marriage may be marital property, while those made after separation or divorce may not be.
Employer contributions are often subject to a vesting schedule. That means even if the employer made contributions during the marriage, the employee may not yet be entitled to all of them. A good QDRO will state whether non-vested funds are included and whether they’ll remain in the alternate payee’s share if they later vest.

