Employee and Employer Contributions
401(k) plans often include both employee salary deferrals and employer matching or discretionary contributions. In a divorce, both of these components can typically be divided. However, employer contributions may be subject to a vesting schedule, which limits how much a participant actually owns at the time of the divorce.
Your QDRO should clearly state:
- Whether both employee and employer contributions are being divided
- The cutoff date for determining marital assets (commonly the date of separation or divorce filing)
- That the division applies only to vested amounts, if unvested employer contributions exist

