Employee and Employer Contributions
A participant’s 401(k) balance typically consists of:
- Employee salary deferrals (pre-tax or Roth)
- Employer matching contributions (often vested over time)
- Discretionary employer contributions, if applicable
A QDRO must clearly state which parts of the account are being divided and in what proportion. If you’re trying to split the entire balance as of a specific date, your order should separately address employee deferrals and employer contributions, especially if vesting is incomplete.

