Employee vs. Employer Contributions
With most business entity 401(k) plans, the account is made up of:
- Employee contributions (amounts the participant contributed directly from their paycheck)
- Employer contributions (matching or discretionary amounts the company provides)
Both types can be subject to division in divorce, but you need to be specific. Some QDROs only award portions of the vested balance, while others target just employee contributions. Be clear on whether unvested employer contributions are to be included or excluded from the transfer.

