Employee vs. Employer Contributions
401(k) plans contain two major contribution sources: amounts employees have deferred from their paycheck pre-tax (or post-tax for Roth), and amounts contributed by the employer. It’s not always clear which assets are marital and divisible in a divorce. At PeacockQDROs, we understand how to distinguish between:
- Pre-marital contributions (usually separate property)
- Contributions made during the marriage (typically marital and divisible)
The employer contribution part can be tricky, especially if it is subject to a vesting schedule—and much of it might not be fully owned by the participant at the time of divorce.

