Employee and Employer Contributions
Most 401(k) plans include both employee deferrals (the amount the employee personally contributes) and employer contributions (which can be subject to vesting rules). In your QDRO, you’ll need to decide whether to divide:
- The total account balance as of a specific date
- Only the vested portion
- Only the employee’s contributions (not the employer’s)
It’s common to divide the entire vested balance as of a date close to separation or judgment. But if there are significant employer contributions that aren’t fully vested yet, it’s worth deciding whether those should be excluded, included, or handled separately when drafting the QDRO.

