Employee and Employer Contributions
A 401(k) typically includes both:
- Employee Contributions: These are fully vested and considered marital property to the extent earned during the marriage.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion at the time of divorce will generally be divided.
When preparing a QDRO, it’s essential to specify that only the marital (community) portion—usually based on contributions made from the date of marriage to the date of separation—is to be divided.

