1. Employee vs. Employer Contributions
Many 401(k) plans, particularly those in the private sector like this one, include both employee deferrals and employer matching or discretionary contributions. A common mistake is assuming all of it is divisible. However, employer contributions may be subject to a vesting schedule. Only the vested portion is eligible to be split via QDRO. It’s critical to request a statement or participant disclosure that fully separates employee and employer contributions and identifies vested versus unvested funds as of the division date.

