Employee vs. Employer Contributions
401(k) accounts typically include both employee contributions (direct salary deferrals) and employer contributions (matching or profit-sharing). When dividing an account in a divorce, your QDRO must specify how each type of contribution should be handled.
- Employee Contributions: These are always considered marital property for the period during which they were made, unless otherwise agreed in the divorce settlement.
- Employer Contributions: These are often subject to a vesting schedule, meaning not all of them may belong legally to the participant yet. Your QDRO must account for this status—whether to exclude unvested amounts or include them contingent upon vesting.

