Employee vs. Employer Contributions
401(k) plans typically include both employee contributions (the amounts the worker voluntarily defers from their paycheck) and employer contributions (such as matching or profit-sharing funds). In the division process, it’s important to identify:
- Which funds are marital (earned during the marriage)
- Which employer contributions have vested vs. not vested
If only part of the employer contributions are vested, then only the vested portion may be divided via QDRO. Unvested portions are typically forfeited if the employee leaves before completing the vesting schedule.

