Employee vs. Employer Contributions
In a 401(k), both the employee and employer may contribute. During divorce, it’s essential to decide whether the division will include:
- Just the employee’s contributions and earnings
- The employer’s match, if vested
- Only vested balances as of a specific date
Some divorce agreements specify a flat dollar amount; others divide a percentage as of a certain date. Either way, we make sure the QDRO accurately reflects the agreed-upon terms.

