Employee vs. Employer Contributions
In many 401(k) plans, like the Moylan Van Lines 401(k) Profit Sharing Plan & Trust, both the employee and the employer make contributions. These may not all be counted in a marital split. While the employee’s contributions and their earnings are usually marital property if earned during the marriage, the employer’s contributions may be subject to vesting requirements.
A well-drafted QDRO will address whether the alternate payee receives only the vested portion or if they’re entitled to a share of all contributions regardless of vesting.

