Employee vs. Employer Contributions
Most 401(k) plans, including the Mobile Loaves & Fishes 401(k) Plan, involve both employee deferrals and employer contributions. It’s important to define what part of the account is being divided in the QDRO. Typically, the marital portion includes:
- All employee contributions (including any earnings) made during the marriage
- Employer matching or discretionary contributions made during the marriage, if they are vested
If the plan includes unvested employer contributions at the time of divorce, only the vested portion may be divided in the QDRO unless otherwise agreed.

