1. Employee and Employer Contributions
Most 401(k) plans are funded by both the employee (participant) and the employer (match or profit-sharing). When dividing the account, it’s essential to be clear whether the order divides:
- The total account balance
- Only amounts contributed and vested during the marriage
- Only the employee’s contributions (common if employer match isn’t vested)
Without knowing how the plan’s matching contributions vest, it’s risky to assume their availability in the QDRO. Always request a copy of the plan’s Summary Plan Description (SPD), or let us do that for you.

