Division of Employee vs. Employer Contributions
One of the first decisions in any QDRO for a 401(k) plan is how to divide the balance. In most cases, both the employee’s contributions and the employer’s matching contributions (if vested) are divided. You can use a percentage split (such as 50/50) or assign a specific dollar amount to the alternate payee.
If the employer contributed a match that is not yet vested, it’s critical to note this in the QDRO. Unvested contributions are typically not included in the division unless the employee later becomes vested.

