Employee and Employer Contributions
401(k) plans typically include two sources of money: employee contributions (the portion your spouse or you contributed from earnings) and employer contributions (matches or profit-sharing from Per se group, Inc.. 401(k) plan). Only the amounts earned during the marriage are marital property and subject to division—unless state law says otherwise.
The tricky part? Employer contributions often come with vesting schedules. If an employee isn’t fully vested at the time of divorce, only the vested portion can be divided. A QDRO must clearly state whether unvested balances are excluded or if future vesting is included as part of the award.

