Employee vs. Employer Contributions
One of the first things to determine in divorce is what portion of the 401(k) belongs to the marital estate. Typically, this includes:
- Employee Contributions: These are often 100% vested immediately and are generally includable in marital assets for the period of your marriage.
- Employer Contributions: These may be subject to a vesting schedule. Contributions not vested by the date of divorce are excluded from the division but should still be reviewed carefully so they aren’t mistakenly divided.
In the case of Telecom solutions Inc.’s plan, if the spouse earned a significant number of years of service, most employer contributions may already be vested—something that must be confirmed during QDRO preparation.

