Employee and Employer Contributions
Most 401(k) plans include both employee contributions (money the participant voluntarily defers from their paycheck) and employer contributions (matching or profit-sharing amounts). In divorce, both kinds of contributions may be divided, but it’s important to clarify whether:
- You’re dividing the account as of a specific date (e.g., date of separation or divorce).
- You’re including investment earnings and losses after that date.
Employer contributions often come with a vesting schedule, meaning an employee might not own those funds until they’ve worked at the company for a certain number of years. We’ll help determine what’s vested and what’s not, so the QDRO doesn’t award money that isn’t actually available.

