Dividing Employee vs. Employer Contributions
401(k) plans like this one often consist of two types of contributions: those made by the employee and those contributed by the employer. In divorce, the total balance must be evaluated based on the marital timeline—meaning only the portion accumulated during the marriage is subject to division.
However, employer contributions are often subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, unvested portions may be excluded from division unless otherwise negotiated. We include specific language in our QDROs to address future vesting, forfeitures, and reinstatements if the employee stays with or returns to Kaasco, Inc..

