Employee and Employer Contributions
401(k) plans typically involve both employee and employer contributions. When dividing the Ep Upright Citizens Brigade – 401(k) in divorce, the QDRO can specify a division of:
- Only employee contributions and their associated gains/losses
- Both employee and employer contributions, subject to vesting rules
It’s important to clarify which funds your spouse was fully vested in at the time of divorce. Employer contributions often follow a vesting schedule, meaning not all employer contributions may be subject to division.

