Employee and Employer Contributions
Most 401(k) plans consist of two separate funding sources: the employee’s own contributions (pre-tax or Roth) and employer matching or profit-sharing contributions. In divorce, it’s important to distinguish between the two:
- Employee Contributions: Generally 100% vested immediately and thus fully divisible.
- Employer Contributions: Often subject to a vesting schedule, which may leave some amounts non-divisible if the participant spouse has not met service requirements.
PeacockQDROs always requests confirmation of vesting percentages as of the cutoff date to ensure we accurately calculate what’s marital property versus what stays with the participant.

