Employee and Employer Contributions
401(k)s are funded by both employee salary deferrals and, in some cases, employer contributions like matches or profit sharing. In divorce, only amounts accrued during the marriage are typically considered community or marital property and subject to division. However, whether employer contributions are fully vested can change who gets what. The QDRO should correctly distinguish between:
- Employee contributions during the marriage
- Employer matching contributions during the marriage (and whether they are vested)
- Gains or losses on those contributions until the date of distribution

