Dividing Employee and Employer Contributions
401(k) plans typically involve two types of contributions:
- Employee deferrals: These are amounts the plan participant contributed from their own paycheck.
- Employer matches or contributions: These are added in by the employer based on company policies.
In divorce, both types of contributions can be divided via QDRO, as long as the employer contributions are vested. The order must define whether the alternate payee (the spouse receiving the split) is getting a flat dollar amount, a percentage of the account, or a specific allocation as of a certain date.

