Employee and Employer Contributions
401(k) plans typically include both employee contributions (amounts the participant put in out of salary) and employer matching or profit-sharing contributions. In your QDRO, you can direct the division of:
- Just employee contributions
- Employee plus vested employer contributions
- Total account balance as of a specific date
Be aware: only “vested” employer contributions can be given to the alternate payee. If the employee hasn’t met the service requirements, some of the employer money might be forfeited entirely—meaning it can’t be divided in the divorce.

