Employee and Employer Contributions
A 401(k) account typically includes both:
- Employee contributions: The money the participant personally defers from their paycheck.
- Employer contributions: Often in the form of matching or profit-sharing contributions, subject to vesting rules.
Your QDRO can specify how to divide the total account or just certain segments. Keep in mind, employer contributions that aren’t vested may be forfeited after divorce. This is a common mistake we see, and we help clients understand what portion of the account is truly divisible.

