Employee vs. Employer Contributions
401(k) QDROs must separate each contribution source. You can’t just say, “Give the alternate payee half the account.” That’s not specific enough.
You may need to divide:
- Employee salary deferrals (pre-tax)
- Employer matching contributions
- Employer profit-sharing contributions
Only vested contributions can be paid to an alternate payee. Any unvested employer match would not be divided unless it becomes vested later per the plan’s rules.

