Splitting Employee and Employer Contributions
Most 401(k)s are funded by both employee salary deferrals and employer matching or discretionary profit-sharing contributions. These contributions may not be fully vested at the time of divorce. The QDRO should specify whether the amount awarded is:
- A dollar amount (e.g., $50,000)
- A percentage of the account as of a specific date
It should also clarify whether it includes only vested amounts or total balances. With profit-sharing involvement, overlooking unvested funds could mean a significant difference in what the alternate payee receives.

