Employee vs. Employer Contributions
In a 401(k) plan like this one, there are usually two types of contributions: those made by the employee and those made by the employer. When dividing the account, it’s important to know:
- Only contributions made during the marriage are considered marital property in most states.
- Employer contributions may be subject to a vesting schedule—meaning a portion might not be owned yet.
A QDRO must specify whether the alternate payee (the ex-spouse) is receiving a flat dollar amount, a percentage of the full balance, or a percentage of just the marital portion.

