Employee and Employer Contribution Splits
401(k) plans like the Infratech Corporation 401(k) Profit Sharing Plan typically include both employee and employer contributions. In divorce, only the portion earned during the marriage is generally subject to division.
- If the plan participant started contributing before marriage, only the marital portion is relevant
- Employer matching contributions are often subject to a vesting schedule—meaning the employee must work a certain number of years to keep them
In your QDRO, be sure to distinguish between the employee contributions (typically 100% vested) and unvested employer contributions, which may be excluded if not vested at the time of divorce or QDRO entry.

