1. Employee and Employer Contributions
401(k) accounts typically contain:
- Employee elective deferrals (the participant’s own salary deferrals)
- Employer matching or profit-sharing contributions
A QDRO can divide the total account or just a portion of either the employee or employer contributions. However, only vested employer contributions can be assigned. If some of the employer contributions aren’t vested yet, they’re not available for division — even if you think you’re entitled to half of everything.

