Dividing Employer and Employee Contributions
Most 401(k) accounts include both:
- Employee deferrals: Contributions made directly from the employee’s paycheck
- Employer contributions: Often matching or discretionary amounts from the employer
In many divorces, the alternate payee is entitled to a share of all contributions during the marriage—not just the amounts the employee contributed. However, if some employer contributions are not yet vested, they may not be eligible for division. Knowing the plan’s vesting schedule is crucial before finalizing the QDRO.

