Dividing Employee and Employer Contributions
In many 401(k) plans, the account balance includes both:
- Employee contributions – money the participant deferred from their paycheck
- Employer contributions – including match programs and profit-sharing contributions
The QDRO must specify whether only employee contributions are being divided, or whether employer contributions are included. Most divorce settlements divide the full vested account balance, but this depends on specific negotiations and legal entitlement under state law.

