Employee vs. Employer Contributions
In most 401(k) accounts, there are two kinds of contributions:
- Employee contributions: These amounts come directly from the paycheck of the person who earned them. They are commonly fully vested and subject to division in a QDRO.
- Employer contributions: These are any matching or profit-sharing funds provided by the employer. They may or may not be fully vested. Contributions that aren’t vested stay with the employee and are not divisible in a QDRO, unless otherwise agreed in divorce settlement.

