Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer profit-sharing contributions. In a divorce, each type of contribution may be treated differently depending on your state’s laws and the plan’s vesting schedule. For this plan, it’s important to:
- Identify the total value of employee versus employer contributions
- Check which employer contributions are vested as of the cutoff date (e.g., date of separation or divorce filing)
- Specify language in the QDRO to exclude non-vested funds from division, if applicable

