1. Employee and Employer Contributions
401(k) plans typically contain both employee deferrals and employer matches. In a divorce, both contribution types are often considered marital property. However, employer contributions may be subject to a vesting schedule, which can limit how much an alternate payee is entitled to receive.
When drafting your QDRO, you must clearly define which portions of the plan are divided—employer contributions, employee contributions, or both—and define the marital period clearly (e.g., date of marriage to date of separation).

