Employee and Employer Contributions
A typical 401(k) has both employee salary deferrals and employer matching contributions. In divorce, these contributions can be divided differently depending on the terms of your marital settlement agreement.
Important Considerations:
- Only the portion earned during the marriage is usually considered marital property.
- Employer matches may be subject to a vesting schedule—meaning the participant may not fully own them at the time of divorce.
- The QDRO should clearly state how to handle both vested and unvested amounts.

