Employee vs. Employer Contributions
One of the most common questions we get is, “What part of the 401(k) is considered marital property?” Generally, contributions made by the employee (the plan participant) and any matching amounts made by the employer during the marriage are subject to division. The QDRO should clearly define the marital coverture period, so only contributions made during the marriage are divided.
However, timing matters. Employer contributions are often tied to a vesting schedule. That brings us to our next point.

