1. Employee and Employer Contributions
The Grosfillex, Inc.. 401(k) Plan likely includes both employee deferrals and matching or discretionary employer contributions. In divorce, it’s important to clarify:
- Which portion of the balance is marital property (based on the date of marriage and separation)
- Whether employer contributions are subject to a vesting schedule
- Whether both types of contributions will be divided or only employee contributions
Employer contributions that aren’t vested at the time of divorce may be excluded from the alternate payee’s portion—or the QDRO could include a provision to assign them if they later vest.

