Dividing Employee and Employer Contributions
401(k) plans often consist of two types of money:
- Employee Deferrals: These are pre- or post-tax contributions made directly from the participant’s paycheck.
- Employer Contributions: These include company match or profit-sharing funds.
If your divorce calls for a percentage split (say, 50% of the marital portion), the QDRO must clarify:
- Whether it includes only employee deferrals or both employee and employer contributions
- Whether the division applies to vested balances only
Some employer contributions may not be fully vested. In that case, you may only be entitled to the vested amount as of the date set in your QDRO—usually the date of separation or divorce filing.

