Employee vs. Employer Contributions
Most 401(k) plans, including the Macy Industries, Inc.. Retirement Savings Plan, consist of both employee contributions (taken from the paycheck) and employer contributions (matched or made on top). In divorce, it’s important to determine whether the order will divide:
- Just employee contributions
- Employee and employer contributions that are vested
- All amounts—including unvested balances at the time of divorce
Generally, only vested employer contributions are divisible. If part of the employer contributions are not vested at the time of divorce, those funds may be excluded from division completely or left for the future, depending on the QDRO terms.

