Employee vs. Employer Contributions
401(k) accounts are funded through employee salary deferrals and, many times, employer matching contributions. In divorce, both components may be subject to division, depending on when the contributions were made and the plan’s vesting rules. A well-drafted QDRO must clarify whether the alternate payee receives a share of:
- Just the employee (participant) contributions
- Employer contributions
- Gains or losses from the date of marriage to the date of account division

