1. Employee and Employer Contributions
401(k) accounts typically consist of:
- Employee contributions (from the participant’s paycheck)
- Employer contributions (through matches or profit-sharing)
Make sure your QDRO explicitly states whether it’s dividing just the employee contributions, employer contributions, or both. That’s especially important when employer matching is involved. In many plans, employer contributions are subject to a vesting schedule—meaning they may not fully belong to the participant yet.

