Employee and Employer Contributions
In a 401(k) plan, the participant often makes contributions from their wages, and the employer may match a portion of those contributions. These can be treated differently in a QDRO depending on whether the employer contributions are vested. In most cases, only vested employer contributions can be divided. That’s why it’s important to get a current account statement and communicate with the plan administrator to determine what portion of the account is eligible for division.

