Employee vs. Employer Contributions
When dividing a 401(k) in divorce, one of the biggest questions is: what counts as marital property? Generally, contributions made during the marriage by either party are considered marital. This often includes employee salary deferrals and employer matching contributions, as long as the contributions occurred while you were married.
However, employer contributions sometimes come with vesting schedules. If your spouse hasn’t worked at O6 environmental, LLC long enough to be fully vested, unvested amounts may not be divisible or may be forfeited under the plan terms. Your QDRO needs to clearly explain how to handle these unvested funds—especially if they become vested later.

