Employee vs. Employer Contributions
401(k) plans typically consist of two sources of funds—employee deferrals (money the participant contributes) and employer matching or profit-sharing contributions. In a divorce:
- The participant’s voluntary contributions are almost always 100% divisible.
- Employer contributions may be subject to a vesting schedule. That means only “vested” amounts can be split.
Your QDRO must clearly indicate whether the alternate payee (spouse) is entitled to a portion of just the participant’s contributions or both the participant’s and employer’s contributions. If vesting comes into play, confirm the participant’s vested balance as of the date of division.

