Employee vs. Employer Contributions
Employees contribute pre-tax (or Roth) funds directly to the 401(k), while employers may match a portion. Generally, employee contributions are fully vested immediately. But employer match amounts may be subject to a vesting schedule. If the marriage was shorter than the vesting schedule, only a portion—or none—of the employer contributions will be marital property.
In our QDROs, we address all of the following clearly:
- Define the marital period (usually from date of marriage to date of separation or divorce)
- Clarify whether both vested and non-vested funds are included
- Specify whether the alternate payee receives a flat amount or a percentage of marital contributions

