1. Employee and Employer Contributions
401(k) accounts include employee salary deferrals, often matched by employer contributions. Most plans, including the Hamilton Southeastern Utilities, Inc./samco 401(k) Plan, separate employee and employer contributions when preparing QDROs, and not all employer contributions may be vested at the time of divorce.
- Only vested employer contributions can be divided under a QDRO.
- Unvested amounts stay with the employee spouse unless the plan allows vesting acceleration upon divorce, which is rare.

