Employee vs. Employer Contributions
In most 401(k) plans, there are two main sources of funds: the employee’s own contributions, and contributions made by the employer. These amounts must be separated when drafting a QDRO.
- Employee Contributions: These are generally considered marital property to the extent they were made during the marriage. They are typically 100% vested and subject to division.
- Employer Contributions: These may be partially vested or completely unvested at the time of divorce. Only the vested portion can be divided in the QDRO.

