Employee vs. Employer Contributions
In a typical 401(k) plan, funds come from two sources:
- Employee contributions: These are taken from the employee’s paycheck, pre-tax or post-tax, and usually 100% vested immediately.
- Employer contributions: These can include matching or discretionary contributions, subject to a vesting schedule.
The QDRO should specify whether both types of contributions — and their investment gains — are being divided. Employer contributions that are not fully vested might not be available for division, depending on the employee’s service time and vesting schedule at the time of divorce.

