Employee & Employer Contributions
In most cases, both the employee and employer contribute to a 401(k). However, the amount that’s subject to division in the Conceptions Reproductive Associates 401(k) Plan will depend on the timing of the marriage and the specific contributions made during the marriage. Only those funds earned during the marriage are usually considered community or marital property.
What often gets missed? Employer contributions may follow a vesting schedule – meaning they are not fully owned by the employee until a certain time. If the employee spouse leaves the job before those contributions vest, they may be lost or forfeited altogether. Your QDRO must specify how to handle unvested contributions.

