Employee vs. Employer Contributions
In a divorce, the participant’s contributions to the 401(k)—typically through paycheck deferrals—are generally considered marital property if made during the marriage. However, employer contributions can be trickier. These may be subject to a vesting schedule, which determines how much of the employer’s contribution the participant actually owns at the time of divorce.
If the order assumes a larger amount than is vested, the alternate payee could end up short. A properly drafted QDRO must account only for the vested portion unless otherwise agreed or ordered by the court.

