Employee vs. Employer Contributions
401(k) plans typically include employee deferrals (what the employee contributes) and some form of employer contributions, such as matches or profit-sharing. The QDRO should specify how both contributions are treated:
- Only the marital portion (usually from date of marriage to date of separation or divorce) should be divided.
- Employee contributions are almost always fully vested and available for division.
- Employer contributions may be subject to a vesting schedule, which we’ll explain below.

