Employee vs. Employer Contributions
Most 401(k) plans include employee deferrals and employer contributions, often in the form of matching or profit-sharing contributions. In the Associated Hardwoods, Inc.. 401(k) Profit Sharing Plan, it’s important to determine:
- Which portions were contributed by the employee during the marriage
- Whether any employer contributions were made—and if they’re subject to vesting
Only vested employer contributions can typically be divided via QDRO. If the participant isn’t fully vested at the time of the divorce or later becomes fully vested, the QDRO must address how to handle any future acquired amounts.

