Employee and Employer Contributions
With 401(k) plans, it’s important to differentiate between what the employee contributed and what the employer added. For the Wayside Furniture Inc.. 401(k) Plan, you or your spouse may have a significant portion of the account funded through company matching or profit-sharing contributions.
In most divorces, the QDRO will divide the marital portion of the account, which usually includes contributions made—and investment gains earned—during the marriage. However, not all employer contributions are fully “owned” by the participant due to vesting requirements.

