Employee and Employer Contributions
401(k) plans include both employee and employer contributions. In a QDRO, you can divide all or a portion of the total account, but it’s important to understand what part of the account is actually marital property. In most cases:
- Employee contributions made during marriage are divisible
- Employer matches during the marriage are also divisible, subject to vesting rules
- Pre-marital contributions are usually not subject to division

