1. Employee and Employer Contributions
401(k) plans usually consist of two parts:
- Employee deferrals – amounts the participant has voluntarily contributed
- Employer matching or profit-sharing contributions
In most QDROs, both types are considered “marital property” to the extent accrued during the marriage. However, employer contributions may be subject to a vesting schedule, which impacts what portion is actually divisible. The alternate payee is only entitled to the vested portion as of the valuation date agreed upon (often the date of separation or divorce).

