1. Employee and Employer Contributions
Most 401(k) accounts have both employee deferrals and employer contributions. Under divorce law, contributions made during marriage are generally seen as marital property—even if they include employer matches.
But here’s the catch: Employer contributions are often subject to a vesting schedule. If the employee spouse is not fully vested at the time of division, only the vested portion can be awarded to the non-employee spouse.
That’s why it’s critical to identify the exact vested balance as of the date of marital separation (or other relevant valuation date). At PeacockQDROs, we help determine that based on your records and the plan’s rules.

