Employee vs. Employer Contributions
Most 401(k) plans are funded by a combination of employee deferrals and employer matching or discretionary contributions. In a divorce, a QDRO can divide:
- The full vested balance as of a certain cut-off date (usually the date of separation or divorce)
- Only contributions (plus earnings) made during the marriage
When drafting a QDRO for the Vouch, Inc.. 401(k) Plan, it’s important to determine whether both parties agree to divide 100% of the account or just the marital portion. You also need to decide if that amount includes or excludes any post-divorce contributions.

