Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. In divorce, all contributions made during the marriage are typically considered marital property — but unvested employer contributions might not be part of the account balance yet. Be sure your QDRO specifies:
- Whether the former spouse (called the “alternate payee”) receives a share of the vested balance only
- Whether it includes future vesting if the participant remains with the employer
- The cutoff date for the marital interest (often the date of separation or divorce)

