Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. Your QDRO must state whether you are dividing:
- All funds accrued during the marriage, regardless of who contributed
- Only the participant’s contributions
- Only vested employer contributions
Be aware: employer contributions may be subject to a vesting schedule. If some employer contributions aren’t vested at the time of the divorce or account division, the alternate payee may lose a portion of the share if that’s not addressed in the QDRO language.

