Employee and Employer Contributions
In most 401(k)s, there’s a distinction between what the employee contributes (always fully owned) and what the employer contributes (which may be subject to vesting). If your divorce settlement includes a division of a percentage of the account, you need to clarify:
- Are both pre-tax and Roth contributions included?
- What happens to unvested employer matching or profit-sharing contributions?
For example, if the participant is not fully vested, the Alternate Payee may only receive part of the employer contributions. If the QDRO isn’t worded carefully, the former spouse could end up with less than intended or worse—nothing at all.

