Employee vs. Employer Contributions
401(k) plans include both employee contributions (deferred from salary) and employer contributions (either match or profit sharing). In divorce, a QDRO must specify whether the alternate payee is receiving a portion of:
- Your account’s total balance
- Only the marital portion (generally what was earned during the marriage)
- Just employee contributions, or both employee and employer contributions
Make sure your attorney understands which contributions are included in the marital estate under your state’s laws. Also, verify with the plan administrator whether the employer contributions are subject to a vesting schedule (see below).

