Dividing Employee and Employer Contributions
The simplest way to divide a 401(k) is to award a specific percentage or dollar amount of the account to the alternate payee—usually the non-employee spouse. But don’t overlook the difference between employee and employer contributions. While employee contributions are fully vested, employer contributions may be subject to a vesting schedule. The timing of when the QDRO is entered can determine how much of the employer’s contributions are available to the alternate payee.

