Employee and Employer Contributions
In 401(k) plans like this one, contributions generally come from both the employee (the participant) and the employer. When dividing the plan, it’s critical to separate out:
- Employee deferrals (pre-tax and Roth)
- Employer matching or profit-sharing contributions
Only vested employer contributions are divisible in most cases. If the participant is not fully vested, the spouse may not receive a full share. The QDRO needs to specify the treatment of these different contribution types.

