Employee and Employer Contributions
Most 401(k) plans include employee deferrals and possibly employer matching or profit-sharing contributions. In dividing the account, it is critical to:
- Clarify whether both employee and employer contributions are included
- Determine which portions are subject to vesting and the participant’s current vesting status
Typically, only vested employer contributions can be divided. If the divorce occurs before full vesting, the alternate payee could receive less than anticipated unless protections are built into the QDRO language.

