Employee and Employer Contributions
All 401(k) plans consist of employee contributions, and many—like the First Community 401(k) Plan—also include employer matching contributions. During a divorce, only vested employer contributions are usually divisible. However, if your divorce is finalized before full vesting, an ex-spouse could lose part of their share if the QDRO isn’t drafted carefully.
Tip: Add alternate language in the QDRO to specify what happens to any future vesting if the division is based on percentage values of total accounts.

