Employee and Employer Contributions
401(k) plans include both employee salary deferrals and potentially employer-matching or discretionary contributions. In divorce, any contributions made during the marriage are generally considered marital property. However:
- Employee contributions are fully vested immediately.
- Employer contributions may follow a vesting schedule.
If some employer contributions are not yet vested at the time of divorce, you’ll need to be clear whether the alternate payee gets a share of those amounts once they vest. Many QDROs include “separate interest” language that excludes future vesting unless specifically requested.

