1. Employee vs. Employer Contributions
It’s important to understand what part of the account you’re entitled to. A 401(k) generally includes:
- Employee salary deferrals (the participant’s contributions)
- Employer matching contributions
- Potential profit-sharing contributions from the employer
In divorce, you can divide both the employee and employer portions. However, employer contributions may be subject to a vesting schedule, which can affect which parts of the account are eligible to be divided in the QDRO.

