Employee vs. Employer Contributions
401(k) plans include both employee deferrals and employer matching contributions. In divorce, all or part of these amounts may be divided depending on when they were earned and whether they are vested.
- Employee Contributions: These amounts are usually 100% vested immediately and easy to divide.
- Employer Contributions: These may be subject to a vesting schedule. Any non-vested amount is not divisible.
The QDRO should specify whether the alternate payee (usually the former spouse) is entitled to only vested portions or a pro-rata share based on a specific formula.

