Employee and Employer Contributions
401(k) plans like this one contain both employee salary deferrals and employer contributions. Only contributions made—and vested—during the marriage are typically considered marital property. Be aware:
- Employee contributions are immediately 100% vested, meaning the alternate payee may be entitled to half or a specified portion.
- Employer contributions (like profit sharing or matching) are often subject to a vesting schedule. Only the vested portions are divisible under a QDRO.

