Employee vs. Employer Contributions
401(k) accounts typically consist of two types of contributions: employee deferrals (funds the employee chooses to contribute from their own paycheck) and employer contributions (such as matching funds). In a divorce settlement, it’s important to distinguish these two when drafting the QDRO.
- Employee contributions are always 100% vested — they are the employee’s property outright.
- Employer contributions may be subject to a vesting schedule, which can limit what portion of those funds are considered marital property.
For example, if your spouse works at Amberwoods rehabilitation center, LLC and receives a company match that’s only 40% vested at the time of divorce, only that vested amount can be allocated to an alternate payee through the QDRO.

