1. Employee and Employer Contributions
401(k) accounts generally include both employee deferrals and employer matching or profit-sharing contributions. It’s important to determine how much of the account balance is marital property. If the participant started working at Gdt Framing Inc. before marriage, only the portion earned during the marriage may be divisible.
In these plans, employer contributions may also be subject to vesting schedules. An unvested contribution can be lost if the participant leaves the company before becoming fully vested. Your QDRO must address whether the alternate payee is entitled to a portion of the vested balance only—or if they’re entitled to any unvested contributions that become vested later.

