Employee and Employer Contributions
401(k) plans typically include both employee salary deferrals and employer-matching contributions. During divorce, it’s crucial to determine:
- What portion of the contributions were made during the marriage
- Which amounts are employee versus employer contributions
- If employer contributions are subject to a vesting schedule
Employer contributions that are not yet vested may not be divided. The QDRO should ensure only vested amounts are allocated to the alternate payee.

