Employee vs. Employer Contributions
A standard 401(k) consists of amounts an employee contributed directly from their paycheck and contributions made by the employer (such as matching or profit-sharing). In a QDRO, you can specify exactly how these amounts are to be divided.
- Only the portion earned during the marriage is considered marital property in most states
- Employee contributions are usually 100% vested and easily divided
- Employer contributions may be subject to vesting schedules – see below

