Employee and Employer Contributions
Most 401(k) plans consist of two major sources of funds: the employee’s own contributions and the employer’s matching or profit-sharing contributions. A QDRO must clearly address how both contribution types will be divided.
For example, if the employee spouse contributed $50,000 and the employer added $10,000 during the marriage, the alternate payee (non-employee spouse) may be awarded 50% of the marital portion, including both types of contributions. But not all employer contributions are immediately available. That’s where vesting schedules come in.

