Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching contributions. In many cases, only the employee’s contributions and vested portions of the employer’s match will be subject to division. If you’re the spouse of a participant, your portion is typically calculated based on contributions made and investment performance during the marriage.
Be aware that:
- Employer contributions may not be fully vested at the time of divorce.
- Unvested amounts may be forfeited if the employee leaves their job shortly after the divorce.
- Your QDRO should clearly specify whether it includes or excludes future vesting dates.

