Employee vs. Employer Contributions
With 401(k) plans, both the employee and employer typically contribute. In most divorce cases, only the amounts earned during the marriage are subject to division. This includes:
- Employee salary deferrals (traditional and Roth, if applicable)
- Employer matching or profit-sharing contributions (subject to vesting)
Be sure your QDRO clearly specifies which contributions are to be divided—and whether pre-marital or post-separation earnings are excluded. If nothing is specified, disputes during distribution can arise.

