Employee & Employer Contributions
Most 401(k) plans include two types of contributions:
- Employee Contributions: These are fully vested and belong to the plan participant outright. They can be divided in a QDRO according to a flat percentage or a specific dollar amount.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion of these contributions can be divided in a divorce. The QDRO must clearly distinguish between vested and unvested amounts at the time of the divorce.

