1. Employee and Employer Contributions
This 401(k) Profit Sharing Plan allows for both employee deferrals and employer matching or profit-sharing contributions. In divorce, a QDRO can divide either or both types—but employer contributions will often be subject to a vesting schedule.
- If you’re the alternate payee, be aware: you may only be entitled to the vested portion of employer contributions earned during the marriage.
- If you’re the plan participant, forfeitures of unvested employer contributions generally remain with the plan—not with your ex-spouse.

