Employee vs. Employer Contributions
Most 401(k) plans consist of two main types of contributions: employee (made pre-tax or post-tax through salary deferrals) and employer (matching and discretionary contributions). In a divorce, it’s important to determine:
- How much of the account was contributed during the marriage
- Which contributions are subject to vesting schedules
- How the QDRO will divide vested versus unvested funds
Employer contributions in this plan may follow a vesting schedule, meaning unvested funds at the time of divorce typically remain with the employee spouse. However, it’s still wise for your QDRO to address how to treat later vesting of pre-divorce employer contributions.

