Employee vs. Employer Contributions
Most 401(k)s include contributions from the employee and sometimes matching or discretionary contributions from the employer. In a divorce, both types may be subject to division—but only amounts earned during the marriage. If the plan includes employer matching contributions, it’s important to know the vesting schedule. Unvested contributions that are lost will not go to either spouse.
A well-written QDRO for the Leisure Living Management, LLC 401(k) Plan should make it clear:
- Whether the division includes just marital contributions or the entire account balance
- If employer contributions are included, whether they must be vested at the time of division

