Employee and Employer Contributions
In a typical 401(k) profit-sharing plan, both employees and employers contribute to the account. In divorce, both types of contributions are generally divided under the QDRO, but only to the extent that they are vested. That means unvested employer contributions may not be on the table for division unless the plan provides for accelerated vesting due to divorce—which most do not.
It’s crucial to confirm:
- Which contributions were made during the marriage
- Whether employer contributions are vested or partially vested
- The value of each contribution type as of the cut-off date (usually date of separation or date of divorce filing)

