Dividing Employee and Employer Contributions
The QDRO must clearly explain how to divide both the employee and employer-funded portions of the 401(k). In most divorces, the division is either:
- A percentage split of the account as of a specific date (e.g., 50% of the account as of the date of divorce)
- A fixed dollar amount to be awarded to the alternate payee
It’s important to clarify whether the division includes only vested employer contributions or both vested and unvested. If unvested contributions are included, the alternate payee may receive nothing from that portion if the employee does not meet the vesting requirements post-divorce.

