Employee and Employer Contributions
Like many 401(k)s, this plan is likely funded by both employee salary deferrals and employer matching or profit-sharing contributions. These components have to be handled carefully in a QDRO, especially since:
- Only vested employer contributions can be divided
- Future contributions are not subject to division unless the QDRO states otherwise
- Different portions may have different tax implications
We include language in your QDRO clarifying exactly which parts of the account are included in the division, including how to handle investment gains during the marital period.

