Employee and Employer Contributions
This 401(k) plan is likely made up of a combination of employee salary deferrals and employer matching or profit-sharing contributions. When dividing the plan through a QDRO, you’ll need to determine whether:
- Only employee contributions will be divided
- Both employee and employer contributions are included in the marital estate
Employer contributions may be subject to a vesting schedule, which limits what part of the balance is actually owned by the plan participant at the time of divorce. If an employee hasn’t worked long enough to be fully vested, any unvested employer portions may be forfeited and are not eligible for division.

