Employee vs. Employer Contributions
A typical 401(k) includes both employee deferrals and employer matching contributions. It’s important to know which portions of the account were earned during the marriage (marital property) and which may fall outside the division. The QDRO must clearly state which type of contributions are included.
- Employee contributions are usually 100% vested immediately and subject to division based on marital timelines.
- Employer contributions may be subject to a vesting schedule, especially in business entities like Florida preferred group LLC 401k plan.

