1. Employee vs. Employer Contributions
A common misconception is that the entire account balance is marital property, but that’s not always the case. With 401(k) plans like the S.f. Gilmore, Inc.. 401(k) Saving Plan, it’s important to separate:
- Employee Contributions: These are always fully vested and can be divided based on timing (e.g., percentage accrued during the marriage).
- Employer Contributions: Often subject to a vesting schedule. If the participant is not fully vested, a portion may not be accessible to the former spouse via QDRO.

