1. Employee vs. Employer Contributions
With a 401(k) like the Pacific Petroleum California 401(k) Plan, the account typically includes:
- Employee contributions (from the participant’s paycheck)
- Employer matching contributions (often subject to vesting)
Only the amount earned during the marriage is generally considered marital property. The QDRO needs to specify whether the split applies to just the marital portion or the entire account. Also, unvested employer contributions may not be available to divide unless they later vest.

