Employee vs. Employer Contributions
In most 401(k) plans, the employee makes pre-tax or Roth contributions directly from their paycheck. The employer may offer a matching or profit-sharing contribution on top of that.
The QDRO must specify whether the alternate payee (usually the former spouse) is receiving a portion of:
- Only the participant’s contributions during the marriage
- Both employee and employer contributions
- Only vested portions of employer contributions
Employer contributions may be subject to a vesting schedule. If the participant is not fully vested at the time of divorce, the alternate payee may not be entitled to the full balance. That makes vesting status a critical factor when calculating what your ex-spouse is owed.

