1. Employee vs. Employer Contributions
The Gss 401(k) Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Typically, only the amounts earned during the marriage are considered marital property. But employer contributions may be subject to a vesting schedule, which can affect how much a former spouse receives under a QDRO.
- Vested amounts are divisible under a QDRO.
- Unvested funds can’t be assigned until and unless they vest.
- A QDRO must clearly specify how to handle partially vested accounts.

