The Role of Employee and Employer Contributions
401(k) plans typically include contributions from both the employee and the employer. In divorce, the QDRO should clearly state whether the alternate payee (non-employee spouse) is receiving a share of:
- Just the participant’s employee contributions
- Only the vested employer contributions
- Or both
If the employee worked for Dymotek corporation (401(k) profit sharing plan) during the marriage, any contributions made during that time are likely marital property—and thus subject to division.

