Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. In divorce, you need to decide whether both types of contributions will be divided, or just the employee contributions.
Some employers have vesting schedules for their matching contributions. If the participant isn’t fully vested in these amounts at the time of divorce, the non-vested portion might not be available to divide. The QDRO should clearly define whether the order includes only vested amounts or separate treatment for vested and unvested funds.

