Employee vs. Employer Contributions
A 401(k) plan may include both employee contributions (earned and invested directly by the participant) and employer contributions (such as matching funds or profit-sharing). In most cases, both sources are subject to division if they meet marital property rules in your state.
However, it’s important to check the plan’s vesting schedule. If your spouse has unvested employer contributions, you may not be entitled to those unless they become vested before the date of division or a special rule applies. In drafting QDROs for the Blue Chip Group, Inc.. 401(k) P/s Plan, we make sure to clarify this distinction so there’s no confusion during processing.

