Employee and Employer Contributions
401(k) plans typically include salary deferrals by employees and matching or profit-sharing contributions from employers. In dividing the account, it’s important to determine which contributions are marital and which are separate. Employer contributions may be subject to a vesting schedule—which means only a portion may actually be available to divide at the time of divorce.
If the spouse participating in the American Association for Justice 401(k) Profit Sharing Plan has unvested employer contributions, the QDRO should address what happens to those funds—will they be excluded from division, or will they be assigned if and when they vest in the future?

