Employee vs. Employer Contributions
Most 401(k) plans consist of both employee and employer contributions. A QDRO can divide either or both. In some cases, only the employee’s contributions are considered marital property. However, depending on the state and the terms of the marriage, employer contributions earned during the marriage may also be divisible.
For the Hss Site Services, LLC Dba Horsepower Site Services LLC 401, it’s critical to analyze which contributions were made during the marriage and whether employer matches were fully vested. Otherwise, one party may be awarded amounts that they don’t actually have a right to yet, or could forfeit later.

