1. Employee vs. Employer Contributions
401(k) plans include contributions made by the employee, and potentially “profit-sharing” contributions by the employer. But not all these employer contributions are automatically owned by the employee. That depends on the plan’s vesting schedule.
In a divorce, only vested funds can be divided under a QDRO. Before completing the QDRO, you’ll need to confirm with the plan administrator:
- How much is the employee’s own contribution?
- How much is from employer matching or profit-sharing?
- What portion of the employer contribution is vested?
Unvested employer funds can’t be assigned in a QDRO, and they might be forfeited if the employee leaves the company.

