How Employee and Employer Contributions Are Divided
With a 401(k) plan like the Damerow Ford Retirement Plan, contributions can come from both the employee and the employer. For QDRO purposes:
- Employee Contributions: Usually considered marital property if made during the marriage.
- Employer Contributions: Tricky—they’re only considered marital if they’re vested. We check the plan’s Summary Plan Description (SPD) or call the plan administrator to confirm these details.
Always ask if your spouse’s employer contributions were vested at the time of your marital cutoff date. Unvested employer contributions may not be divisible.

