Employee and Employer Contributions
A 401(k) typically includes contributions from both the employee and the employer. During a divorce, the QDRO can assign a percentage or dollar amount of the account balance accrued during the marriage to the alternate payee. It’s important to determine:
- What contributions were made during the marriage
- Whether employer contributions are partially or fully vested
- If any matching contributions are subject to future vesting schedules
Unvested employer contributions are typically not transferrable unless they become vested later. However, your QDRO can include language that accounts for vesting post-divorce to protect the alternate payee if applicable.

