Employee and Employer Contribution Division
The River City Newspaper 401(k) Plan likely includes contributions made by both the employee and the employer. While employee contributions are always considered marital property earned during the marriage, employer contributions may be subject to a vesting schedule, meaning only the vested portion may be allocated to the alternate payee at the time of your divorce.
It’s critical to identify the date of marriage, date of separation, and vesting status in order to correctly calculate what portion is divisible. If part of the employer match was not vested when the divorce occurred, it may not be shareable under the QDRO terms unless that amount later becomes vested.

