1. Employee and Employer Contributions
Many 401(k) plans consist of employee payroll contributions and employer matching or profit-sharing contributions. While employee contributions are always fully vested, employer contributions often follow a vesting schedule—this means that only part of those funds may be considered marital property, depending on the length of employment and the terms of the vesting schedule. An accurate QDRO must take this into account and specify how much of the employer contribution is subject to division.

