Employee vs. Employer Contributions
Participants usually make salary deferral contributions to their 401(k), and the employer may also contribute through matching or profit-sharing arrangements. In a divorce, the QDRO can award a portion of the total account balance to the non-employee spouse (called the “alternate payee”).
Importantly, employer contributions may be subject to a vesting schedule. That means not all employer funds in the account may be considered marital property if they haven’t been fully vested. Your attorney or QDRO professional must review a participant’s contribution history and the plan’s vesting language closely.

