Employee vs. Employer Contributions
401(k) accounts consist of both employee deferrals and employer contributions. In most QDROs, only the portion earned during marriage is divided. However, employer-matching contributions might be partially or fully unvested. It’s critical to:
- Specify whether the division includes just employee contributions or employer matches too
- Determine what was earned and vested during the marriage window
- Address whether unvested amounts at the time of divorce will remain the participant’s sole property
If match contributions are not yet fully vested, they might not be eligible for division. The QDRO should reflect that.

