1. Employee and Employer Contributions
401(k) plans are often funded by both employee deferrals and employer matching or profit-sharing contributions. It’s important to know:
- Only vested employer contributions can be divided via QDRO
- Nonvested amounts usually revert to the plan if not vested at the time of divorce or QDRO approval
- Review the plan’s Summary Plan Description (SPD) or request a vesting chart from the plan administrator
If you’re the non-employee spouse, you have a right to a portion of the marital (coverture) share. That usually includes all contributions—including vested employer matches—that were earned during the marriage.

