Employee and Employer Contributions
Most 401(k) plans consist of contributions made by the employee as well as potential matching or profit-sharing contributions by the employer. A QDRO can detail how these contributions are divided:
- Typically, the portion earned during the marriage is treated as marital property.
- Both employee and vested employer contributions during that timeframe can be subject to division.
- Non-vested amounts may not be divisible until they vest—see below.

