Employee and Employer Contributions
Most 401(k) plans consist of both employee deferrals and employer contributions. In a divorce, the QDRO can specify how to divide these amounts, typically using either a specific dollar amount or a percentage of the account as of a certain date.
For example, the alternate payee may receive 50% of the account balance as of the date of divorce, adjusted for gains and losses. It’s important to determine whether matching contributions are fully vested—if not, the unvested portion may be forfeited and not available for division.

