Employee and Employer Contributions
A 401(k) like the Torrid 401(k) Plan distinguishes between amounts contributed by the employee (participant) and amounts contributed by the employer. In divorce, both types of contributions are marital property—if they were earned during the marriage timeframe—but there may be limitations based on vesting.
Employer contributions are often subject to a vesting schedule. If the participant hasn’t fully vested at the time of divorce, a portion of the employer match may not be included in the marital estate. Your QDRO should account for this by either:
- Excluding unvested amounts outright
- Including future vesting language so the alternate payee can receive additional benefit if vesting occurs later

