Employee and Employer Contributions
401(k) accounts generally have two contribution sources: employee deferrals and employer matching contributions. When dividing this account, it’s critical to specify whether the alternate payee will receive a portion of the total account balance or only certain contributions.
For example, if only marital contributions are to be divided, the QDRO language should reflect cutoff dates that define the marital period. Employee contributions are typically 100% vested, but employer contributions might not be—more on that below.

