Employee and Employer Contributions
401(k) plans usually contain both the employee’s deferrals and any matching contributions made by the employer. But not all employer contributions are immediately owned by the employee—they may be subject to a vesting schedule. That means a portion of the account may not yet “belong” to the employee based on years of service. Be aware: only vested portions can be awarded in a divorce through a QDRO. An experienced QDRO professional can clarify what is and isn’t marital property.

