1. Contributions: Employee vs. Employer
Most 401(k) plans include both employee contributions (from the participant’s paycheck) and employer contributions (matches or profit-sharing). A QDRO can divide both types—there’s no rule that says only employee money can be split. However, you need to consider:
- Whether the employer portion is fully vested
- Whether the employer portion is subject to a vesting schedule
Unvested employer contributions typically remain with the participant and are not divided. These details are important to nail down early—and are often missed if you’re not working with someone who understands retirement orders deeply.

