Employee vs. Employer Contributions
In most 401(k) plans, the account balance includes both employee and employer contributions. Generally, all contributions made during the marriage are considered marital property. However, employer contributions may not yet be fully vested. That’s crucial during division.
- Employee contributions are always 100% vested and can be divided entirely.
- Employer contributions may be subject to a vesting schedule. Any unvested portion typically stays with the employee and is not included in the QDRO award.

