Employee vs. Employer Contributions
401(k) accounts like the Swim Atlanta 401-k Plan include contributions from the employee and may include matches or profit-sharing from the employer. In a divorce, the QDRO will generally divide only the marital portion—meaning contributions made and gains earned during the marriage. Any contributions made before or after the marriage typically stay with the employee spouse.
Importantly, employer contributions may be subject to a vesting schedule. Funds not yet vested at the time of divorce may later become available to the employee spouse, but usually not to the alternate payee (the non-employee spouse), unless explicitly addressed in the QDRO.

