Employee vs. Employer Contributions
In a 401(k) like the Dearing Compressor & Pump Company 401(k) Savings & Retirement Plan, contributions come from both the employee and the employer. Employee contributions are always considered marital property if made during the marriage. Employer contributions may or may not be divisible depending on their vesting status.
Make sure your QDRO specifies how to handle:
- 100% of the employee’s contributions made during the marriage
- Any vested portion of the employer’s matching or profit-sharing contributions
- Whether post-separation contributions should be excluded

