Employee and Employer Contributions
This plan, like most 401(k)s, likely includes both employee contributions and employer matching contributions. In a divorce, only the contributions that are considered “marital property” can be divided. Often, QDROs are designed to divide only the portion of the account earned during the marriage.
When drafting the QDRO, it’s important to differentiate between:
- Employee elective deferrals
- Employer match and profit-sharing contributions, which often have a vesting schedule
The QDRO must specify whether both vested and non-vested contributions are to be divided. Typically, only vested amounts can be awarded to the alternate payee.

