1. Employee vs. Employer Contributions
In a divorce, contributions made by the employee are generally considered marital if made during the marriage. The same goes for employer contributions—though there’s a catch. Employer contributions are often subject to a vesting schedule, meaning the employee only earns full ownership over time. If a portion of the account is not vested, it may be lost upon job termination or forfeited during distribution. When dividing the Independent Purchasing Cooperative, Inc.. 401(k) Plan and Trust, the QDRO must be carefully drafted to reflect whether the ex-spouse is entitled to only vested amounts or a proportional share including vested and unvested funds.

