Employee vs. Employer Contributions
In many marriages, a 401(k) accumulates through both employee salary deferrals and employer profit sharing contributions. A QDRO can specify how to divide just the marital portion, typically calculated from the date of marriage to the date of separation or divorce.
However, not all of the account may be considered shared property. That’s especially true for employer contributions, which may be subject to a vesting schedule. This brings us to a critical issue in dividing the Sterling Water, Inc.. 401(k) Profit Sharing Plan: unvested amounts.

