Employee and Employer Contributions
401(k) plans like the Mallory Safety and Supply Employees Retirement Plan include both employee and employer contributions. In most divorce cases, it’s common to divide only the vested portion of the account. A QDRO can specify a percentage of the balance or a dollar amount as of a specific date. Keep in mind:
- Contributions made during the marriage are generally marital property
- Employer matching contributions may be subject to a vesting schedule
- Unvested employer contributions may not be divisible, depending on plan terms

