Employee and Employer Contributions
In 401(k) plans, both the employee and the employer may contribute to the account. Typically, only vested portions of the employer’s contributions are subject to division under a QDRO. Employee contributions, by contrast, are always 100% vested and hence are always divisible.
In divorce, it’s critical to confirm:
- What portion of the account is from employee contributions
- What amount comes from employer matching or profit sharing
- Vesting status of employer contributions as of the date used in the divorce (often the date of separation or judgment)

