Employee vs. Employer Contributions
In most 401(k) plans, including the Mighty 401(k) Savings Blaster, participants contribute a portion of their wages (employee deferrals), and employers may match with contributions of their own. It’s important to differentiate between these two sources:
- Employee Contributions: Always considered marital property (unless there’s a strong exception).
- Employer Contributions: Typically subject to a vesting schedule, which may affect how much is available for division.
In the QDRO, both types can be addressed separately if needed. Unvested employer contributions are usually not accessible to the alternate payee unless the participant becomes fully vested later—so timing matters.

