Employee Contributions vs. Employer Contributions
Most 401(k) plans are funded through a mix of employee (elective deferrals) and employer contributions (such as profit-sharing or matching funds). These funds aren’t always treated equally.
- Employee contributions are immediately vested and always divisible under a QDRO.
- Employer contributions may be subject to a vesting schedule. Only the vested portion is eligible to be divided.
- It’s critical to obtain the participant’s benefit statements or contact the plan administrator to determine what portion is vested.

