Employee vs. Employer Contributions
Many 401(k) plans include both employee and employer contributions. Each type might be treated differently in a divorce, depending on the plan’s rules and the couple’s agreement. In most cases, contributions made during the marriage are considered marital property and are subject to division by a QDRO.
Some employer contributions vest over time. If only partially vested, only the vested portion may be assigned in the QDRO. The QDRO should clearly state that only the marital portion—typically calculated from the date of marriage to the date of separation or divorce—is to be divided.

