Employee and Employer Contributions
Most 401(k) plans allow employees to contribute a portion of their paycheck to a retirement account. Employers may also match a percentage of these contributions. In the context of divorce, the QDRO can specify whether the alternate payee (typically the former spouse) receives a share of just the employee’s contributions, the employer’s contributions, or both.
For example, the QDRO may award 50% of the participant’s account balance as of the date of divorce, including both employee and vested employer contributions. Be aware that any unvested employer contributions at the time of divorce may not be awarded.

