Employee and Employer Contributions
In a 401(k) like the Board of Trustees, Retirement Plan Millmens Retirement Trust of Wash., both the employee and employer may make contributions. In divorce, it’s critical to determine which contributions are marital property. Generally:
- Employee contributions made during the marriage are divisible.
- Employer contributions may be subject to vesting and might not all be divisible.
The QDRO should clearly specify whether the alternate payee (typically the ex-spouse) receives a percentage or flat dollar amount and whether this includes only vested funds or both vested and unvested balances as of a certain date (like the date of separation).

