Employee and Employer Contributions
401(k) plans usually consist of amounts the employee contributes, plus employer matching or profit-sharing contributions. In a divorce, both types of contributions may be divisible—but only to the extent they are vested. Make sure your QDRO specifies whether the alternate payee is receiving:
- A fixed dollar amount
- A percentage of the account balance as of a certain date (usually the date of divorce or separation)
- A percentage of only vested funds

