Employee and Employer Contributions
401(k) plans often include contributions from both the employee and employer. A QDRO can divide:
- The employee’s elective deferrals (the money they personally contributed)
- Employer matching or discretionary contributions
It’s important to identify who contributed what and when, especially around the date of separation. Some employer contributions may be subject to vesting schedules—meaning the employee only earns them over time. If some of the employer’s match remains unvested, these funds may not be divisible through the QDRO.

