Employee and Employer Contributions
401(k) plans typically consist of both employee deferrals and employer matching or discretionary contributions. When dividing the account, it’s critical to determine:
- What portion of contributions were made during the marriage
- The vesting status of employer contributions at the time of divorce
- How to handle post-separation contributions (usually excluded)
Only the vested portion of employer contributions may be allocated to the alternate payee in most cases. Unvested employer contributions typically remain with the employee spouse, unless the plan’s vesting schedule and employment status shift prior to the QDRO execution.

