Employee vs. Employer Contributions
Many 401(k) plans have both employee (pre-tax or Roth) and employer contributions. The distinction matters because:
- Employee contributions are fully vested immediately—so any contribution your spouse made from their paycheck is likely subject to division.
- Employer matching or profit-sharing contributions may be subject to a vesting schedule, limiting what the alternate payee (you) can receive.
The QDRO needs to clearly define what portion of the account is divisible and whether it includes or excludes non-vested employer funds.

