Employee and Employer Contributions
401(k) plans often involve both employee deferrals and employer matching contributions. During divorce, the employee contributions are generally considered marital property if made during the marriage. However, employer contributions may come with a vesting schedule. That means the alternate payee might not be entitled to the unvested portion of the participant’s account. Your QDRO needs to clearly state whether unvested funds should be divided, how they will be handled, and what happens if they later vest.

