Employee and Employer Contributions
401(k) plans typically include two types of contributions:
- Employee Contributions: Fully vested immediately and generally divisible in divorce.
- Employer Contributions: Subject to a vesting schedule. Unvested portions are usually not considered marital property and cannot be awarded in a QDRO.
In this case, we’ll need to examine the most recent plan statements and the Summary Plan Description (SPD) from East wind support Corp.. for vesting details. Keep in mind that only the vested portion of employer contributions can be allocated to the alternate payee.

