Dividing Contributions: What Belongs to Whom?
401(k) accounts under the Aes, Inc.. 401(k) Plan typically include both employee contributions and any matching contributions from the employer. In a divorce, the portion of the account that was earned during the marriage is usually considered marital property. But employer contributions may not be fully vested—meaning your spouse might not have the right to those funds. Your QDRO should clearly state how to deal with this: do you only divide vested amounts, or do you include conditional future vesting?

