Employee and Employer Contributions
With most 401(k) plans—including the Reyes Group, Ltd.. 401(k) Plan—retirement savings include both employee deferrals and matching or discretionary employer contributions. However, only the portion earned during the marriage is marital property, and some employer contributions may be subject to a vesting schedule.
If the employee spouse isn’t fully vested in all their employer contributions, the QDRO must account for that. A well-drafted order will preserve the alternate payee’s rights to contributions that become vested after the divorce but were earned during the marriage.

