Employee Contributions vs. Employer Contributions
401(k) accounts often include two types of contributions:
- Employee contributions – amounts the participant chose to defer from their paycheck.
- Employer contributions – often in the form of matching contributions or profit-sharing.
In dividing the Commissioning Agents Inc. Employee Stock Ownership & 401(k) Plan, you’ll need to indicate whether the QDRO covers only the employee’s contributions, or also includes vested employer contributions. Many plans have different vesting schedules—some shorter, some longer—and this affects how much of the account is actually “owned” at the time of divorce.

