Employee and Employer Contributions
The typical 401(k) includes contributions made by both the employee (via salary deferral) and by the employer. In dividing the plan, it’s common for QDROs to include only the marital portion of the account—usually contributions made and earnings accrued between the date of marriage and date of separation or divorce.
However, with profit-sharing features, the employer may also contribute funds that could have specific vesting rules. Understanding what portion of those employer contributions are vested at the time of division is critical.

