Employee and Employer Contribution Divisions
401(k) plans typically include:
- Employee contributions: These are the funds the employee chose to have withheld from their paycheck.
- Employer contributions: These include matches or profit-sharing contributions, which may be subject to a vesting schedule.
Under divorce law, both the vested portion of employer contributions and all employee contributions earned during the marriage are generally marital assets. The QDRO should clearly state whether the alternate payee is receiving a specific percentage or dollar amount of the balance as of a certain date.

