Employee and Employer Contributions
Most 401(k) accounts include a combination of employee deferrals and employer matching contributions. Depending on the vesting schedule, some of the employer contributions may not be considered part of the marital estate—or may be partially forfeited if the employee leaves before vesting.
In your QDRO, we’ll clarify the time frame that constitutes “marital effort” and ensure that only vested sums as of the date of separation (or another agreed date) are allocated. If you’re unsure what’s vested, we usually recommend contacting the plan or working with us to request a breakdown of account components.

