Employee vs. Employer Contributions
One of the first steps in dividing a 401(k) in divorce is determining what portion is marital property. Typically, contributions made during the marriage—by either the employee or the employer—are subject to division. However, some cases require tracing back to pre-marital balances.
- Employee Contributions: These are usually 100% divisible if made during the marriage.
- Employer Contributions: These may be subject to vesting rules. Only vested portions can typically be awarded via QDRO.

