Employee vs. Employer Contributions
In most 401(k) plans, both the employee (participant) and employer contribute to the account. The QDRO should spell out whether the division applies to both types of contributions. In general, courts divide:
- All employee contributions made during the marriage
- Employer contributions only to the extent they are vested
If you’re the non-employee spouse (alternate payee), be sure your share includes all contributions that accrued during the marriage, subject to any applicable vesting schedules.

