1. Employee and Employer Contributions
401(k) plans typically include a combination of:
- Employee contributions: Money directly contributed from the employee’s paycheck
- Employer match or contributions: Funds added by the employer either as a match or incentive
During divorce, both types of contributions may be divided depending on what was contributed during the marriage. If the employer funds are only partially vested, then only the vested amount is subject to division. Your QDRO must specify whether the alternate payee (often the ex-spouse) will receive a set dollar amount or a percentage of the account—typically “as of” a specific date such as the date of separation or divorce.

