Employee and Employer Contributions
401(k) accounts typically include both employee deferrals and employer contributions. In a divorce, these amounts can be divided based on the total account balance as of a certain date or through a specified percentage of the entire account. The QDRO needs to state clearly how these contributions are to be divided.
Many people overlook that employer contributions may be subject to a vesting schedule. If those contributions aren’t fully vested at the time of divorce, the non-employee spouse (the “alternate payee”) isn’t entitled to the unvested portion—unless the plan later vests more of it and the QDRO accounts for that possibility.

