Employee Contributions and Employer Matches
A 401(k) often includes funds contributed by the employee along with matching contributions from the employer. When dividing the Mcallister & Quinn, LLC 401(k) Plan, both sources may be eligible for division depending on the plan’s vesting rules and the timing of contributions.
- Employee (Participant) Contributions: These are generally always considered marital property if contributed during the marriage.
- Employer Contributions: These are often subject to a vesting schedule. Only the vested portion is divisible in a QDRO.
If employer contributions are not fully vested at the time of divorce, the alternate payee (usually the non-employee spouse) may only receive a share of the vested amount. Any unvested funds that are later forfeited are not typically subject to division.

