Employee and Employer Contributions
Most 401(k) plans are funded with both employee and employer contributions. In divorce, only the portion of the account earned during the marriage is considered marital property, unless state law says otherwise. Employer contributions must be reviewed carefully—especially if they follow a vesting schedule (common in corporate plans like this one). The QDRO should specify how unvested funds are treated and whether the alternate payee receives any portion of them once they vest.

