1. Dividing Employee and Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer profit-sharing contributions. In most divorces, the employee’s contributions made during the marriage are considered marital property. Employer contributions, however, may be subject to a vesting schedule—which matters significantly when deciding what portion the alternate payee is entitled to.
When preparing your QDRO, make sure to:
- Specify whether the division includes just vested account balances
- Address whether future vesting dates should be tracked
- Clarify if division applies to contributions made between specific dates (such as date of marriage and date of separation)

