1. Employee and Employer Contributions
401(k) plans typically include contributions from both the employee and the employer. When dividing the Trevdan, Inc. 401(k) Plan, it’s critical to distinguish between the two:
- Employee Contributions: These are always 100% vested and legally considered marital property if earned during the marriage.
- Employer Contributions: These may be subject to a vesting schedule. If not fully vested at the time of divorce, only the vested portion can be divided via QDRO unless the plan allows for sharing of future vesting (many don’t).

