Employee vs. Employer Contributions
In this type of 401(k) plan, contributions may come from two sources: the employee’s salary deferrals, and employer contributions from the company profits. Not all employer contributions are immediately “vested.” This means, if the marriage ends before the employee meets vesting milestones, some of their employer-funded balance may not be considered marital property. Your QDRO should clearly distinguish between vested and unvested funds, and whether the alternate payee is entitled to a share of each.

