Employee and Employer Contributions
Most 401(k) balances include both employee salary deferrals and employer matching or profit-sharing contributions. In a divorce, both types can be divided—but timing and vesting matter.
- Employee Contributions: These are always 100% vested. If the participant earned those funds during the marriage, the portion accumulated during that time is marital property.
- Employer Contributions: These may not be fully vested. Only the vested portion is typically subject to division. Your QDRO should specify that division applies to vested funds only as of the date of division or another agreed-upon date.

