Employee vs. Employer Contributions
The employee’s salary deferrals and the company’s matching or profit-sharing contributions can be treated differently. Typically, all contributions made during the marriage are considered marital property. However, employer contributions may be subject to a vesting schedule, meaning your share could be reduced if the employee spouse is not fully vested at the time of divorce.
If the 336 Express, LLC 401(k) Plan has a graded vesting schedule (e.g., 20% after one year, 40% after two years, etc.), only the vested portion at the time of divorce is available for division. It’s important to address this clearly in your settlement agreement and QDRO.

