1. Employee and Employer Contributions
401(k) accounts typically consist of both employee deferrals and employer matches. While employee contributions are always considered part of the marital estate if made during the marriage, employer contributions may be impacted by the plan’s vesting schedule. It’s critical to evaluate:
- What amount was contributed by the employer
- If those employer contributions were vested by the date of separation or divorce
- Whether forfeited amounts need to be considered for QDRO accuracy

