1. Dividing Employee and Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer matching contributions. In most QDROs, the alternate payee is entitled to a portion of the total vested account balance earned during the marriage.
- Employee Contributions: These are always 100% vested and easier to divide.
- Employer Contributions: These may be subject to a vesting schedule. Funds that are not yet vested at the time of divorce may not be divided with the alternate payee.

