Employee vs. Employer Contributions
Most 401(k)s include both employee deferrals and employer matching contributions. In a divorce, only the marital portion of these contributions is divisible under a QDRO. At PeacockQDROs, we calculate the marital portion based on dates of service, contributions, and vesting.
- Employee contributions are typically 100% vested—these are yours as long as you earned them during the marriage.
- Employer contributions may be subject to a vesting schedule. Unvested portions aren’t divisible and will revert to the employee if they don’t vest before termination.

