Employee and Employer Contributions
Most 401(k)s include both employee contributions (money put in directly by the worker) and employer contributions (matching or discretionary). During divorce, it’s important to identify:
- Whether the employer contributions are fully or partially vested
- If any contributions were made after the date of separation
- A method to divide the account using either a percentage or dollar value
In cases where the marital portion is defined by specific dates (e.g., date of marriage to date of separation), the QDRO must clearly account for that time frame.

