1. Employee vs. Employer Contributions
401(k) accounts often contain both the employee’s deferrals and employer matching or profit-sharing contributions. In most divorces, only the portion earned during the marriage is considered marital property. However, employer contributions may be subject to a vesting schedule, meaning some of it might never become the participant’s property—especially if they leave their job early.
Your QDRO for the On Site 401(k) Plan & Trust must address:
- Whether the division includes just the employee’s contributions or both employee and vested employer contributions
- What happens to unvested amounts
- The valuation date for calculating the marital portion

