Employee and Employer Contributions
401(k) accounts typically contain both employee deferrals and employer contributions. While the employee’s contributions are always owned outright, employer contributions may be subject to a vesting schedule. If the employee spouse isn’t fully vested at the time of divorce, some of the employer-match amounts may not be eligible for division. Your QDRO needs to deal with that clearly—either by valuing the account as of a specific date or by including language to capture later vesting.

