Employee vs. Employer Contributions
In most cases, everything contributed to the 401(k) during the marriage—whether by the employee or the company—is considered marital property. However, employer contributions may be subject to a vesting schedule. This means the employee may not own these funds outright until certain service requirements are met. If you’re the alternate payee (non-employee spouse), it’s crucial that your share reflects only the vested portion—or that the QDRO language specifies what happens to unvested amounts (typically, you’re excluded from unvested funds).

