Employee and Employer Contributions
401(k) plans typically consist of salary deferrals (employee contributions) and employer matching or profit-sharing contributions. In a divorce, both types may be subject to division—but only to the extent they are marital property. Employer contributions may also be subject to a vesting schedule, which affects what portion is available for distribution.
- Employee Contributions: Usually 100% vested and fully divisible.
- Employer Contributions: May be partially vested or unvested. QDROs should specify how to handle non-vested amounts and possible future vesting milestones post-divorce.

