Employee vs. Employer Contributions
Most 401(k) accounts are made up of two parts: the employee’s own contributions and any employer matching or discretionary contributions. The QDRO can be written to divide:
- Just the employee’s portion
- Both employee and employer portions
- Only the vested portion of employer contributions
Make sure to request plan statements to determine whether all employer contributions are fully vested. If they are not, your QDRO should make clear whether the alternate payee (usually the ex-spouse) will share in future vesting or only in balances already vested.

