Employee and Employer Contributions
401(k) plans typically include both employee contributions (from salary deferral) and employer contributions (such as matching or profit-sharing). Only the amounts earned during the marriage are typically divisible, but employer contributions may be subject to a vesting schedule. If not fully vested, some of these contributions might be forfeitable under the plan rules.
In your QDRO, it’s important to specify:
- Whether the division includes only employee contributions or both employee and employer contributions
- The portion that is marital property vs. separate property

