1. Employee and Employer Contributions
Like most 401(k) plans, the Carlock Retirement Plan likely includes both employee deferrals and employer matching contributions. It’s important to understand that only contributions and credits earned during the marriage are considered marital property (unless agreed otherwise). The QDRO should clearly define which portion of the balance is subject to division.
Employer matches are sometimes subject to a vesting schedule. If the participant is not 100% vested at the time of divorce, your share may only apply to the vested portion. Any unvested amount may be forfeited per the plan’s terms.

