Step 1: Determine What’s Divisible
401(k)s usually include both employee and employer contributions. In a QDRO, the “alternate payee” (usually the former spouse) may be awarded a share of all or part of this balance. But there are some important details to sort out:
- Employer Contributions: Some may be subject to vesting schedules and not fully owned by the participant at the date of division.
- Employee Contributions: These are always 100% vested and generally included in the divisible portion.
- Account Growth: Most QDROs allow gains and losses to be applied to the alternate payee’s award from the date of division until the date of transfer.

