Employee vs. Employer Contributions
In most cases, both the employee (participant) and the employer contribute to the 401(k). In a QDRO, it’s common for the alternate payee (typically the former spouse) to receive a portion of the total account—meaning both employee and vested employer contributions. However, unvested employer contributions usually aren’t eligible to be divided.
It’s important to clarify in the QDRO:
- Exactly what portion of the account is being awarded
- Whether it’s a flat dollar amount or a percentage
- The cut-off date (also called the date of division)

