Dividing Employee and Employer Contributions
401(k) accounts often include both employee deferrals and employer contributions. In a divorce, these amounts are generally subject to division based on marital versus separate contributions. The QDRO must carefully describe:
- The date range for calculating the marital portion (e.g., from marriage to separation)
- Whether both employee and employer contributions are to be divided
- What happens to contributions after the cutoff date
A common dispute arises over employer contributions that are contingent on vesting, which brings us to our next point.

