Employee vs. Employer Contributions
401(k) plans consist of contributions made by the employee as well as possible matching contributions made by the employer. When dividing this plan during divorce, it’s important to specify which portions are being divided:
- Employee Contributions: These are generally fully vested and available for division in a QDRO.
- Employer Contributions: These may be subject to a vesting schedule. You’ll need to determine which portion is vested and include language reflecting that only the vested amount at the time of division is included in the alternate payee’s share.

