1. Employee and Employer Contributions
In 401(k) plans, your balance includes both what you’ve contributed from your paycheck and any employer matching or profit-sharing contributions. During a divorce, you can divide:
- The total account balance as of a specific date (typically the date of separation or divorce)
- Only the marital portion (contributions made during the marriage)
Employer contributions may not be fully vested. An accurate QDRO must include specific language accounting for unvested amounts and whether or not the alternate payee is entitled to them.

