Employee vs. Employer Contributions
Not all money in a 401(k) belongs equally to both spouses. Often times:
- Employee deferrals made during the marriage are typically considered marital property.
- Employer contributions depend on vesting: if not yet vested, those amounts may be forfeited following divorce or termination.
It’s critical to determine what was deposited before, during, and after the marriage, and what is vested. The QDRO should explicitly state whether it divides the account by percentage, dollar amount, or date-locked value.

