Employee and Employer Contributions
In divorces, the QDRO can divide only what is marital property, which often includes contributions made (and vested) during the marriage. For Norm’s 401(k) Plan, you’ll need to distinguish between:
- Employee elective deferrals made during the marriage
- Employer matching or discretionary contributions
- Whether employer contributions are vested or scheduled to vest later
If employer contributions are not yet vested, they may be excluded from the marital portion. However, some QDROs include “if and when” provisions stating that the alternate payee receives a portion only if those amounts do vest.

