Employee and Employer Contributions
401(k) accounts typically include both employee (participant) contributions and employer matching or profit-sharing contributions. Divorce-related division must clearly define whether both are being split or only the employee portion. A good QDRO will specify whether employer contributions are included and from what time period.
For plans with matching contributions, unvested funds can pose a problem. If the participant hasn’t met the vesting requirement, those funds may not be eligible for division.

