1. Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer-matching contributions. In many cases, marital division of these funds only applies to the portion that was earned during the marriage. This is called the “marital portion.”
However, some employer contributions may be subject to a vesting schedule (i.e., the employee must work a certain number of years before the funds fully belong to them). QDROs must clearly identify whether unvested employer contributions will be included or excluded based on the divorce agreement.

