1. Contribution Types: Employee vs. Employer Contributions
In a typical 401(k), account balances can be made up of:
- Employee salary deferrals
- Employer matching contributions
- Profit-sharing additions (if offered)
When dividing the Riverview 401(k) Plan, it’s critical to clarify which contributions are being shared. Most QDROs divide the total account balance accrued during the marriage. But here’s the catch: employer contributions may follow a separate vesting schedule. So, depending on the vesting timeline, a portion of the employer match may not be considered “marital property.”

