Employee Contributions vs. Employer Contributions
The Data Processing Air Corporation 401(k) Plan likely includes both employee deferrals and employer contributions (like matches or profit-sharing). In most divorces, the portion of the account earned during the marriage is considered marital property. That usually includes:
- Employee contributions made during the marriage
- Employer matches on those contributions
- Investment growth on both
However, employer contributions may be subject to vesting. If your ex-spouse’s employer contributions weren’t fully vested at the time of your divorce, a QDRO should address what happens to unvested or forfeited amounts. Without clear language, you could lose out on assets you thought you secured in the division.

