Employee vs. Employer Contributions
Employee contributions are generally always considered marital property, assuming they were made during the marriage. Employer matching contributions, however, can be subject to a vesting schedule. If only a portion of those contributions have vested by the time of divorce, the non-employee spouse may only be entitled to the vested portion.
When dividing the Arb Midstream Management LLC 401(k) Plan, make sure the QDRO clearly states whether the division applies only to vested amounts or to all plan assets. This becomes particularly important when the plan includes employer contributions that continue while the QDRO is being processed.

