Dividing Employee and Employer Contributions
With 401(k) plans, the total account balance generally includes both employee contributions and employer matching funds. However, only vested employer contributions can be distributed to an alternate payee. The QDRO should specify:
- Whether the division is based on a flat percentage (e.g., 50% of the marital portion)
- The cut-off date—often the date of separation or divorce filing
- Whether the amount includes or excludes gains and losses
It’s important to determine the vested portion of employer contributions as of the cut-off date for an accurate division.

