Employee and Employer Contributions
In 401(k) plans, employees contribute a portion of their paycheck, and employers may contribute additional amounts through matching or profit-sharing. A common issue is whether non-vested employer contributions are included in the marital estate. This matters because:
- Only vested employer contributions can be assigned in the QDRO.
- Unvested amounts may be forfeited upon termination of employment before full vesting.
We work with clients to determine the participant’s vesting percentage and ensure only legally divisible funds are addressed in the QDRO.

