Employee and Employer Contributions
Most 401(k) accounts include both the employee’s own contributions and matching or profit-sharing contributions from the employer. In most divorces, only those amounts earned during the marriage are considered marital property. But some employer contributions may not be “vested”—meaning the participant could lose them if they leave the company before a certain date. A QDRO should specify whether the alternate payee gets a share of vested balances only or also a share of unvested contributions as they vest.

