Employee and Employer Contributions
401(k) accounts like the Pathfinder Aviation Retirement Plan typically include both employee deferrals and employer contributions. In divorce, both types of contributions may be subject to division, but how they’re divided depends on the vesting schedule and the timing of the contributions.
- Employee Contributions: Always 100% vested and generally considered community or marital property earned during the marriage.
- Employer Contributions: Often subject to vesting schedules that depend on the employee’s years of service. Unvested amounts may be lost if the participant leaves employment before vesting is complete.
It’s critical to determine what portion of the employer contributions were earned and vested during the marriage to avoid miscalculations in the QDRO.

