Employee vs. Employer Contributions
Most 401(k) accounts in divorce include employee contributions and employer matching. While employee contributions are always considered “marital” if made during the marriage, the rules around employer contributions depend on the plan’s vesting schedule.
If the H. Bruce & Sons, Inc.. 401(k) Retirement Plan includes unvested employer contributions, those may not be eligible for division. A well-drafted QDRO should account for the vesting schedule and clearly state whether the alternate payee’s share includes vested employer contributions only or a formula based on future vesting.

