Employee vs. Employer Contributions
In a divorce, the key question is what part of the account is marital (and therefore subject to division). For a 401(k), that usually includes both:
- Employee deferrals made during the marriage
- Employer matching or profit-sharing contributions during the marriage
However, only vested employer contributions are divisible in a QDRO. If the participant spouse hasn’t met the vesting requirements, those amounts may be off the table unless your attorney negotiates alternative settlements. We help clarify this during the review process so there are no surprises.

