Employee and Employer Contributions
Most 401(k) accounts involve both employee and employer contributions. In your QDRO, benefits can be divided in one of three ways:
- A fixed dollar amount
- A percentage of the account balance as of a specific date (often the date of separation or divorce)
- A formula based on years of service or contributions during the marriage (used in longer marriages)
If the participant has employer matching contributions, it’s critical to look at their vesting schedule. Only vested portions can be divided with an alternate payee (the non-employee spouse).

