Employee and Employer Contributions
Unlike pensions, 401(k)s are made up of direct contributions from the employee and often added contributions from the employer. When you’re dividing the account, make sure your QDRO specifies whether the alternate payee (usually the ex-spouse) will get a share of:
- Employee-contributed funds
- Employer matching or profit-sharing contributions
- Any earnings on both types of contributions through the date of distribution
It’s crucial to clarify what portion of employer contributions is included—especially when there’s a vesting schedule involved.

