Employee vs. Employer Contributions
The participant’s contributions are almost always considered marital property subject to division if they occurred during the marriage. However, employer contributions can be tricky. The employer match may be partially or completely unvested depending on the vesting schedule, which determines the portion of those funds the employee is entitled to at any given time.
In a QDRO for the Tapestry, Inc. 401(k) Savings Plan, you must specify whether the alternate payee receives a share of just the vested contributions or includes future vesting on pre-divorce employer contributions. This distinction can significantly impact the total benefit awarded.

