Employee and Employer Contributions
One of the main benefits of a 401(k) like the Asu Enterprise Partners 401(k) Plan is the combination of employee and employer contributions. In divorce, you’ll need to determine which contributions are marital and which aren’t, depending on the length of the marriage versus when contributions were made.
- Employee contributions are typically considered marital if made during the marriage
- Employer contributions may be subject to a vesting schedule and therefore not fully available at the time of divorce
A QDRO must clearly define whether both types of contributions are being divided, and it should spell out the allocation method—percentage of the account, dollar amount, or formula based on marriage length.

