Employee and Employer Contributions
401(k) plans have contributions made by both the employee (participant) and sometimes the employer. Where many couples go wrong is not differentiating which contributions are marital and which are not.
- Check the dates of marriage and separation to define the marital portion of the account.
- Be aware that employer contributions might be subject to a vesting schedule—some of it may not be available for division.
- A QDRO can specify whether just vested amounts will be divided or whether a portion of unvested contributions are awarded on a “if and when vested” basis.

