1. Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer match or profit-sharing contributions. In divorce proceedings, both account balances can be subject to division — but with a catch.
Employer contributions are often subject to a vesting schedule. If the employee spouse isn’t fully vested at the time of divorce, only the vested portion can be divided. The QDRO must specify if the division applies only to vested funds or if it should include future vesting (some plans allow for language called a “separate interest” to accommodate this).

