Employee vs. Employer Contributions
With 401(k) plans like the Liscio’s Italian Bakery 401(k) Plan, the participant often makes elective deferrals, and the employer may make matching or discretionary contributions. During a divorce, it’s important to understand what portion of the account is marital—and therefore subject to division—and what is separate property.
Generally, contributions made during the marriage are subject to division. Employer contributions may be subject to vesting schedules, which can complicate things. If the employer contributions aren’t fully vested at the time of the QDRO or divorce, the alternate payee could end up receiving less than expected unless the order is carefully drafted to account for forfeiture risk.

