Dividing Employee vs. Employer Contributions
401(k) accounts consist of funds contributed by the employee and often matched or supplemented by the employer. In most divorces, the QDRO divides either the total account balance or just the marital portion—typically the amount accumulated during the marriage. Be sure to clarify whether the QDRO should cover:
- Only employee contributions
- Employee plus vested employer contributions
- Total account balance (including gains and losses)
For the Natural History Museum Foundation Retirement Plan, employer contributions may be subject to a vesting schedule, and unvested funds may be forfeited upon termination. These details should be considered when preparing the QDRO to avoid attempting to divide funds that won’t be available.

