1. Employer vs. Employee Contributions
401(k) balances typically include two types of contributions:
- Employee contributions: These are the pre- or post-tax amounts the participant puts in each pay period.
- Employer contributions: These are matching or discretionary contributions made by the employer, and they may be subject to vesting.
Not all employer contributions may be included in the marital property division. If they’re not fully vested, they might not be transferable. QDRO drafting for the Groundswell 401(k) Plan must be careful to include only the vested portions of employer contributions—or specify how any future vesting will be handled.

