Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals (money taken from the participant’s paycheck) and employer contributions, often in the form of matching funds or profit sharing. In dividing the Rootstock 401(k) Plan, it’s important to determine:
- Which contributions are marital (typically those made during the marriage)
- Whether employer contributions are fully or partially vested
- Whether non-marital funds (pre-marriage or post-separation) should be excluded
Make sure your QDRO specifies whether both employee and employer contributions are included. Courts often default to “marital portion” but don’t spell out which types of funds are affected. Clarity here matters.

