Employee vs. Employer Contributions
Typically, 401(k) accounts include both employee contributions (made from the participant’s paycheck) and employer contributions (typically a match or profit share). In a divorce scenario:
- Employee contributions and their associated gains are almost always marital property and divisible.
- Employer contributions may be subject to a vesting schedule—meaning the participant doesn’t fully own them until after working a certain number of years.
When preparing a QDRO for the Pmi Kyoto 401(k) Plan, make sure the order addresses whether the alternate payee receives a share of only the vested portion, or a portion of all amounts, including unvested contributions (subject to forfeiture later).

