1. Employee vs. Employer Contributions
In most cases, a participant contributes their own wages (employee deferrals), and the employer may match a portion. When dividing 401(k) assets, it’s common for courts to treat the entire account balance as marital property. However, if some contributions were made before marriage, or if the employer’s matches have a vesting schedule, these details matter.
We ensure that the QDRO specifies whether both vested and unvested portions will be divided—and what happens to forfeited amounts if the participant leaves the company.

