Employee and Employer Contributions
401(k) balances typically include both employee salary deferrals and employer matching contributions. While contributions made during the marriage are generally considered marital property, employer contributions may be subject to a vesting schedule. This is important when figuring out what portion of the account is divisible.
If the participant is not fully vested in employer contributions, a QDRO should make it clear that only the vested portion at the date of division (or agreed-upon valuation date) is to be awarded. Forfeitures due to vesting schedules should not be mistaken for marital property.

