Employee and Employer Contributions
The People Data Labs 401(k) Plan includes both employee and employer contributions. In divorce, only the portion earned during the marriage is usually considered marital property. Contributions made before marriage or after separation may be off-limits, depending on your state’s laws.
Employer contributions often come with a vesting schedule. That means an employee may not be entitled to the full amount their employer deposited unless they’ve met specific years of service. If any unvested employer contributions exist at the time of divorce, they typically aren’t divided—but this can vary. The QDRO must specify whether the alternate payee is to receive only the vested portion as of a certain date or if post-divorce vesting is included.

