Employee and Employer Contributions
In most divorces, the couple agrees to divide the marital portion of the 401(k) evenly. That typically includes:
- Employee contributions made during the marriage
- Employer matching or profit-sharing contributions, to the extent they’ve vested during the marriage
A well-drafted QDRO will specify whether gains and losses apply, how the marital portion is calculated, and whether the split applies to vested funds only or also includes unvested amounts if/when they vest in the future.

