Employee vs. Employer Contributions
Like many 401(k) plans, this plan likely contains both employee deferrals and employer contributions. In a divorce, it’s critical to specify whether the alternate payee (the spouse receiving the award) is entitled to:
- Just employee contributions and related earnings
- Employee and vested employer contributions
- All employer contributions, even unvested amounts
Since employer contributions often vest on a schedule, only the “vested” amount as of the date of divorce (or other valuation date) is generally divisible. A properly worded QDRO will take this into account.

