Employee vs. Employer Contributions
401(k)s include employee salary deferrals and—depending on the plan—employer-matching or profit-sharing contributions. In some cases, only a portion of the employer’s contributions may be vested at the time of divorce.
- Make sure the QDRO clearly states whether both employee and employer contributions are to be divided.
- If there’s a vesting schedule, only the vested portion can be divided through the QDRO.

