Employee and Employer Contributions
In most 401(k) plans, both the employee and employer contribute to the account. In divorce, a QDRO must distinguish how much of each type of contribution will be divided. It’s also important to determine the timeframe during which marital funds were used—only those contributions made during the marriage are divisible.
- If the participant contributed pre-tax income to the plan, that’s generally subject to division.
- Employer matching contributions may—but aren’t always—included, depending on whether they’re vested.

