Employee and Employer Contribution Divisions
Most 401(k) plans contain contributions from both the employee and the employer. Contributions made during the marriage are typically considered marital property and can be divided, but employer contributions are subject to vesting rules. If the participant is not fully vested, some of those employer contributions may not be divisible. A good QDRO should address how to handle partially vested accounts and how to deal with any future vesting that may occur.

