Employee and Employer Contributions
Employees typically contribute pre-tax (or Roth) dollars to their 401(k), and employers may match a percentage. In a QDRO, it’s crucial to:
- Specify what portion of the account is to be divided—does it include just employee contributions or also employer contributions?
- Clarify whether the division includes vested and non-vested amounts as of the valuation date
Unvested employer contributions usually remain with the plan participant, unless otherwise addressed with a specific clause in the QDRO.

