1. Employee vs. Employer Contributions
401(k) balances typically include:
- Employee salary deferrals (amounts directly contributed by the employee)
- Employer matching or profit-sharing contributions
Only the vested portion of the employer contributions is subject to division in divorce. Determining the correct balance requires reviewing the participant’s vesting schedule and how much of the employer contribution is currently owned (vested). QDROs can only award what’s available, so timing matters greatly.

