Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions—like profit sharing or matching funds. Only the vested portion of employer contributions will be available for division. Your QDRO must specify whether division applies to:
- Only employee contributions
- Employee plus vested employer contributions
- Future contributions (rare, but sometimes applicable)
If employer contributions are not yet vested at the time of the divorce, those amounts may be excluded—unless you specifically write contingency language in the QDRO.

