1. Employee and Employer Contributions
This 401(k)-style plan likely includes both employee salary deferrals and employer matching or discretionary contributions. In divorce, contributions that occurred during the marriage are considered community (or marital) property in most states.
Be careful: only vested employer contributions can be divided by a QDRO. We often include language in QDROs that allocates all “vested and nonforfeitable” portions of the account as of a specific date, then state that unvested portions are excluded.

