Employee vs. Employer Contributions
When using a QDRO to divide the Bicycle Coalition of Greater P 401(k) Profit Sharing Plan & Trust, you need to distinguish between employee contributions and employer contributions. Employee contributions (the amounts personally deducted from paychecks) are always considered marital property acquired during the marriage, subject to division.
Employer contributions, however, might bring added complexity. That’s because they often come with a vesting schedule—a timeline under which the participant earns rights to the employer contributions. If the participant isn’t fully vested at the time of divorce, the non-employee spouse may only receive a portion of those employer contributions, or none at all, depending on how much is vested.

