Employee and Employer Contributions
A 401(k) often consists of both employee deferrals and employer match contributions. The employee’s share is always considered marital property if earned during the marriage. The employer’s match may be subject to a vesting schedule, which can complicate division.
For a successful QDRO, you must determine:
- What percentage of the account was earned during the marriage
- Which portions are vested and nonvested at the time of division
- Whether to include gains or losses from the valuation date to distribution date

