Dividing Employee and Employer Contributions
401(k) QDROs can divide just the participant’s contributions, just the employer’s contributions, or both. Typically, orders award the alternate payee (usually the non-employee spouse) a percentage or set dollar amount of the total vested account balance earned during the marriage. However, employer contributions may be subject to a vesting schedule.
If the employer used a graded or cliff vesting schedule, some employer contributions may not be fully vested until a certain number of years of service. In a divorce, only the vested portion is available to divide via QDRO. Unvested amounts are generally forfeited if the participant leaves employment early.

