Employee vs. Employer Contributions
One of the most important distinctions in any 401(k) QDRO is the treatment of employee and employer contributions. The employee’s own salary deferrals are always considered marital property (to the extent earned during the marriage), but employer contributions often come with vesting schedules. This is particularly common in general business plans like the Contentful 401(k) Plan.
We often see that:
- The employee is fully vested in their own contributions and investment growth.
- Employer matching or profit-sharing contributions may vest over time—typically over 3 to 6 years.
- Only the vested portion of the employer’s contributions is divisible under a QDRO unless the parties agree otherwise.
It’s critical that your QDRO clearly includes only the marital portion and specifies the valuation date and vesting conditions.

