Employee and Employer Contributions
401(k) plans typically include elective deferrals (employee contributions) and matching or discretionary employer contributions. In divorce, each may be handled differently, depending on what’s vested at the time of division.
- Employee Contributions: Always 100% vested and subject to division based on what was earned during the marriage.
- Employer Contributions: May be subject to a vesting schedule. Any unvested funds may not be available for division in the QDRO.
It’s important to confirm vesting percentages at the date of divorce to properly calculate the marital share.

