Employee vs. Employer Contributions
401(k) plans generally include money the employee contributed through salary deferral, as well as funds the employer added—commonly referred to as matching or profit-sharing contributions.
- Employee contributions are typically 100% vested immediately and are considered marital property if made during the marriage.
- Employer contributions may be subject to a vesting schedule. Unvested amounts can be forfeited if the employee separates from the company too early, and they may not be transferable to the alternate payee through a QDRO.
This distinction matters a lot in divorce. The QDRO must specify if the alternate payee is receiving a flat dollar amount, a percentage of the total balance, or a portion of just the marital share. We often recommend language that accounts for different contribution sources and vesting statuses.

