Employee vs. Employer Contributions
Participants contribute to a 401(k) through payroll deferrals, while employers may offer matching or profit-sharing contributions. In divorce, you need to identify:
- Which portion of the account comes from employee contributions (typically 100% vested).
- Which portion comes from employer contributions (and whether those are vested or forfeitable).
Only the vested portion can be divided through a QDRO unless otherwise negotiated. The plan administrator will provide a breakdown of these balances upon request.

