Employee and Employer Contributions
401(k)s typically include deferrals made by the employee and matching or discretionary contributions from the employer. The QDRO should clarify whether the division includes:
- Only the participant’s contributions
- Employer contributions that have vested
- Investment gains or losses
- Specific date ranges (e.g., from the date of marriage to the date of separation)
Vesting schedules, in particular, are critical. If a portion of the employer match is unvested as of the date being used in the QDRO, that portion may not be distributable to the alternate payee.

