Employee and Employer Contribution Division
This 401(k) plan may include:
- Employee salary deferrals (pre-tax or Roth)
- Employer matching or profit-sharing contributions
By default, QDROs often only divide the vested portion of the account at the date of divorce or account division. Unvested employer contributions might not be included unless the employee spouse later becomes vested. Clearly specifying how to treat future vesting and employer funds is critical.
If you’re the alternate payee (non-employee spouse), make sure the QDRO specifies whether you receive:
- A stated percentage of the account as of a set date
- A flat dollar amount
- Gains or losses accrued since the division date

