Employee and Employer Contributions
401(k) accounts often include two types of contributions:
- Employee Contributions: These are fully vested and typically easier to divide. The QDRO should specify the division formula (percentage, flat dollar amount, or specific date-value).
- Employer Contributions: May be subject to a vesting schedule. Only the vested portion can usually be divided. Your QDRO must state whether the alternate payee is entitled to just the vested portion as of the date of division, or to future vesting.

