Employee and Employer Contributions
401(k) accounts build through employee deferrals as well as employer contributions (matching or discretionary). Often, spouses arrange to split only what was earned during the marriage. The QDRO should specify whether:
- Only employee deferrals should be divided
- Both employee and employer contributions will be included
- Only vested funds are to be shared, or if unvested amounts should also be addressed
For the Bibleproject 401(k) Plan, you must confirm the employer’s vesting schedule to know how much of the employer match was eligible as marital property at the time of divorce.

