Employee and Employer Contributions
401(k) plans typically include both employee salary deferrals and employer matching or profit-sharing contributions. During a divorce, it’s crucial to determine whether the employer’s portion is fully vested. If not, the unvested amount may not be divisible. Your QDRO should clearly state whether it covers:
- Only the vested balance as of the date of divorce
- Future vesting of employer contributions during the marriage
- Employee deferrals plus investment earnings/losses

