401(k) Contribution Types: Employee vs. Employer
This plan is a 401(k) profit sharing plan, which means it likely includes both employee salary deferrals and employer matching or profit-sharing contributions. In divorce, you must determine:
- How employee contributions made during the marriage will be split
- Whether employer contributions—which may be subject to vesting—should be divided
- If future contributions are included or excluded as of the valuation date
It’s essential to include language in your QDRO that specifies whether only vested portions of the employer contributions are to be divided, or if future vesting should result in post-divorce payments to the alternate payee.

