Employee and Employer Contributions
401(k) plans typically include:
- Employee deferrals: Contributions made from the employee’s paycheck.
- Employer match: Contributions made by the employer, often subject to a vesting schedule.
In a divorce, it’s vital to clarify whether the split includes just the employee’s contributions or both employee and employer funds. If employer contributions aren’t fully vested, the alternate payee may lose part of the award. Make sure your QDRO accounts for that by specifying how to handle forfeited, unvested funds.

