Employee vs. Employer Contributions
Dividing a 401(k) plan usually includes both the employee’s deferrals and the company’s contributions. However, employer contributions may be subject to a vesting schedule. Keep in mind:
- If your former spouse isn’t fully vested at the time of the divorce, part of the employer match may not be included in your share.
- Your QDRO can state that you (as the alternate payee) will only receive the portion your spouse was vested in as of the division date.

