Employee and Employer Contributions
When dividing a 401(k), it’s important to understand that the account balance may consist of both:
- Employee contributions: These are funds the employee chose to contribute from their paycheck.
- Employer contributions: The company’s matching or profit-sharing contributions, which may be subject to a vesting schedule.
A QDRO can address both types—however, unvested employer contributions are usually not divisible. If you are the alternate payee, keep this in mind. You’ll typically only be awarded what’s vested as of the division date.

