Employee vs. Employer Contributions
Many 401(k) plans include both employee contributions and employer matching or profit-sharing amounts. In divorce cases, both types of contributions are typically divisible—but only to the extent the funds are vested.
The QDRO should clearly specify whether the alternate payee (usually the non-participant spouse) is receiving a portion of:
- Only the participant’s employee contributions
- Both employee and vested employer contributions
- Investment gains or losses on those contributions

