1. Employee and Employer Contributions
Most 401(k) accounts in divorce are split based on “marital contributions,” meaning the balance that accrued during the marriage. But it’s critical to distinguish between:
- Employee deferrals (money the participant contributed from each paycheck)
- Employer matching/contributions (based on plan policies)
Some QDROs divide all money earned during the marriage, while others only divide vested amounts. If the employer provided contributions that the employee isn’t yet fully vested in, these amounts may not be eligible for division right away. They could be forfeited if the employee leaves the job early, or they may eventually vest in full.

