Employee vs. Employer Contributions
401(k) accounts typically contain both employee contributions and employer contributions. In most divorces, the marital portion is the focus—that’s the part accrued during the marriage. But you’ll also want to address which contributions are being divided.
You can divide:
- Just the employee contributions
- Employee and vested employer contributions
- Total account balance, including any earnings or gains during the delay between divorce and QDRO completion
Employer contributions may be subject to vesting, which brings us to an important point.

