1. Dividing Contributions: What Gets Shared?
Most 401(k) accounts—including the Atlantic Research Group, Inc.. 401(k) Plan—include both employee contributions and employer matching contributions. These are treated differently in divorce:
- Employee Contributions: Always marital if contributed during the marriage.
- Employer Contributions: Only marital if they were vested during the marriage.
Unvested employer contributions pose a special challenge. If your QDRO isn’t properly drafted, the alternate payee could lose out. A good QDRO can address future vesting or protect against forfeiture if the employee leaves the company too soon.

