Employee and Employer Contributions
Most 401(k) plans include both employee deferrals (from wages) and employer matching or profit-sharing contributions. Only amounts contributed during the marriage are generally subject to division in divorce. However, dividing them accurately means understanding:
- How much was contributed by the employee vs. the employer
- Whether employer contributions were subject to a vesting schedule
- The plan’s valuation method and recordkeeping system
Our QDROs clearly spell out what percentage or dollar amount the alternate payee is awarded and clarify whether that includes only vested funds or if future vesting applies post-divorce.

