1. Division of Employee and Employer Contributions
Most 401(k) plans include both your own contributions and matching contributions from the employer. In a QDRO, you can divide:
- Only the marital portion of the account, usually limited to contributions made and investment gains during the marriage
- Or the entire account balance, depending on your divorce agreement
For employer contributions, it’s crucial to check whether any funds are still unvested. Unvested employer contributions typically cannot be awarded to the non-employee spouse.

